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Author Topic: Need help on post divorce situation.  (Read 393 times)

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Offline Sakhi

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Need help on post divorce situation.
« on: July 25, 2016, 03:43:32 AM »
Hello all,

I am hindu by birth and  belief. I got divorced in 2009 and got remarried in 2011. In the mutual diverse my X was supposed to pay 16 k towards child's maintainence and some amount for me. After my remarriage he stopped paying both (He should have continued with my son's compensation as I have my son's custody and he stays with me and my new family. )

It was a mutually agreed divorce and he got married very soon.  The agreement said that the child's custody will be with me and the father will pay a sum of 16 k every month towards the cost for upbringing the child. In exchange I was to allow my child to visit his father any and every time the father would desire.. We consulted a  pediatric psychologist who requested the father to keep away from the son.

Following this advice I didn't encourage such meetings. My son was 5 years then and had barely recognised him. As my X husband left when he was 2 years old. This was used as an excuse by my X husband and he says that he will not pay anything if he doesn't get access to his son. And even if he is allowed to meet my son then also he will pay money in actuals directly to the facilitator. The agreement clearly states that he is supposed to pay 16 k directly to me for his expense.

 My son is now 11 years old and is living with me and my new family. He loves his stepfather as his own.

 I did not make any legal claims for money for maintenance of  till now. However I am planing to claim the whole amount now as he keeps insulting me and my present husband. He doesn't help in raising the son in any way.

I understand that I am little late with my claims, however I want to make him suffer now. Can I expect some help with this. Please advice as to what can be done.

Thanks in advance. Sakhi.

Offline advjaibansal

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Re: Need help on post divorce situation.
« Reply #1 on: July 25, 2016, 04:18:24 AM »
Dear Ma'am,

You have three options. First file an execution petition against the husband for payment of maintenance with arrears of the maintenance amount.

Second option, file an application under section 28A of Hindu Marriage ACt for compliance of the order/s passed.

Third, file a contempt petition in the High Court.

Try with the first option first by filing an execution petition.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Sakhi

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Re: Need help on post divorce situation.
« Reply #2 on: July 25, 2016, 06:26:48 AM »
Hello,

Thank you so much for your response.  This will be of great help. However my concerns regarding my X husband not complying with the agreement and bothering my son by insisting on meeting him bothers me.

And how difficult is the execution process.

Thanks to all of you in advance.

Regards sakhi.

Dear Ma'am,

You have three options. First file an execution petition against the husband for payment of maintenance with arrears of the maintenance amount.

Second option, file an application under section 28A of Hindu Marriage ACt for compliance of the order/s passed.

Third, file a contempt petition in the High Court.

Try with the first option first by filing an execution petition.

Regards,

Offline advjaibansal

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Re: Need help on post divorce situation.
« Reply #3 on: July 25, 2016, 06:44:52 AM »
Dear Ma'am,

Execution is an application filed filed before the same court who has passed the order. This can be done though lawyer and personal appearance is not required. Court will issue notice to him for the payment.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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