Respected sir/madam, On one of the order on I.A In.the family court I have filed the Writ petition in high court, in which I have requested in the high court for instructing my husband to provide be Rs.1,00,000/- advance amount and Rs.20,000/-.every month through online for making alternative accommodation for me, for which my husband has agreed and as per the high court judgement in the w.p. my husband is suppose to pay the advance and rent amount by April 2024 but until now my husband has not paid any amount and I've even sent emails to my husband requesting him to pay the advance amount but no reply for my messages. So here my question is since the amount has been ordered in high court in writ petition based on I.A in family court and until now my husband has not paid the amount and as the said petition is still pending in family court so whether I want to file the Execution petition in family court or whether I want to file Contempt of court petition in High court for getting above said amount from my husband.
Dear Client, since the High Court issued this order, one effective way to secure compliance would be to file a contempt petition there. A contempt petition brings to the court’s attention that your husband has failed to follow its directive, which constitutes contempt of court. The High Court can take strict measures, including fines or penalties, to ensure he complies with the order promptly. This approach is often direct and may prompt quicker action. Alternatively, you could file an execution petition in the family court, as the original case is still active there. In execution proceedings, the family court can enforce orders for financial support. This could include attaching his salary or assets until the ordered amount is paid. Execution proceedings are a standard method to enforce such orders when ongoing family court matters are involved. Feel free to book an appointment for a detailed discussion.
Dear client as per your query,There are two methods to ensure compliance with the order of the High Court to compel your husband to pay the advance amount and monthly rent. You can move a contempt petition in the High Court claiming that he has failed to abide by the court order. End. This might make him pay because non-compliance with an order of a court under this act can have severe repercussions. Alternatively, you may present an execution petition before the Family Court because the order of the High Court is passed on the basis of an ongoing case there. The Family Court has the jurisdiction to enforce the payment terms under this act in view of the ongoing case. Feel free to book an appointment for a detailed discussion.
