Enforcement of order of maintenance
AI Assist
Summary
A maintenance or interim maintenance order and any costs must be given free to the person entitled, their guardian, or the payee. Any Magistrate where the person against whom the order is made is found can enforce it after being satisfied about the parties’ identity and that payment is overdue. The Magistrate may then secure payment of the allowance and expenses.
Example
Priya gets an order awarding her monthly maintenance and court expenses and receives a free copy. Her husband moves to another town and stops paying. Any Magistrate where he is found can, after checking the parties’ identity and that payment is overdue, enforce the order to recover the allowance and expenses.
Bare Act
Enacted textA copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
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