Application for Arrears of Maintenance

The primary statutes governing maintenance and arrears are the Hindu Marriage Act, 1955 (Section 24 and 25) and the Code of Criminal Procedure, 1973 (Section 125). For Muslim women, the Muslim Women (Protection of Rights on Divorce) Act, 1986 applies. The right to claim arrears arises when a maintenance order is passed but not complied with.

Applications for arrears of maintenance are filed in the Family Court or the Magistrate Court having jurisdiction over the respondent's residence. The e-Courts portal (https://ecourts.gov.in) provides case status and cause lists. No separate government department handles maintenance arrears; it is a judicial remedy.

The process begins with filing an Execution Petition under Order 21 of the Code of Civil Procedure, 1908, or a Contempt Petition under the Contempt of Courts Act, 1971. The court issues a notice to the defaulter, who must show cause. If the arrears are not paid, the court may attach property, garnish salary, or order imprisonment.

The main forms include: (1) Execution Application (Form No. 6, Appendix E, CPC), (2) Affidavit of Non-Payment, (3) Calculation Sheet of Arrears, and (4) Copy of the Maintenance Order. A maintenance lawyer India can draft these documents.

Any person entitled to maintenance under a court order who has not received payment for at least one month can apply. There is no limitation period for arrears, but courts may refuse stale claims. The applicant must prove the order exists and the respondent has willfully defaulted.

No specific timeline is prescribed. The court may dispose of the execution petition within a few hearings if the respondent does not contest. However, delays can occur due to service of notice or contested proceedings. A maintenance lawyer India can expedite the process.

Court fees for execution petitions are nominal and vary by state. Below is an indicative table of court fee stamps (subject to change):

Advocate fees are separate and not regulated by the court.