Enforcement of order of maintenance
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Summary
A maintenance or interim maintenance order and any order for expenses must be given free to the person entitled, their guardian, or the designated payee. If the allowance or expenses remain unpaid, any Magistrate where the person ordered to pay is present can enforce the order after being satisfied about the parties' identity and the non-payment.
Example
Priya gets a court order for maintenance and for expenses of the proceeding, and the court gives her a free copy. When Rohan, who was ordered to pay, fails to pay the allowance, any Magistrate where Rohan is found can enforce the order after confirming the identities and that payment is due.
Bare Act
Enacted textA copy of the order of maintenance or interim maintenance and expenses of proceeding, 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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