Petition by Wife for Enforcing Maintenance Allowance Ordered by Court under section 128, Cr PC

In the matter of petition by the wife for enforcing the order as to the payment of maintenance

The humble petition of petitioner (wife) W Most Respectfully:

1. That the opposite party was ordered by Your Hon our by Order No……..dated……… passed in Case No. 365 to pay a monthly allowance of Rs. 850 to his wife, the petitioner.

2. That since the order the opposite party has not paid any money to the petitioner in terms of the aforesaid order or otherwise.
3. A copy of the order which was furnished to the petitioner by the Learned Court is attached hereto.

3. Your petitioner prays that after issuing notice to the opposite party Your Honour may be pleased to enquire into the statements made in the petition and on being satisfied that they are true may be pleased to attach the properties of the opposite party mentioned in the Schedule hereunder for enforcing payment or in the alternative the Learned Court may be pleased to issue a warrant for the arrest of the opposite party and put him into prison for such a period as the Learned Court may deem proper.

4. And your petitioner, as in duty bound, shall ever pray.

The Schedule

All that pieces and parcels of land measuring 5 cottahs with two-storeyed building thereon being premises No………of…………..

Verification

I, W, daughter of MN and wife of H residing at………do hereby solemnly affirm and say as follows:

1. I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto.
2. The statements in the foregoing petition are true to my knowledge and I have not suppressed any material fact.
3. Solemnly affirmed by the said W on……..at the Court House at Calcutta

Before me Notary/

Proper Officer

Petition for Enforcing Maintenance Allowance under Section 128, CrPC: A Legal Guide

When a court orders a maintenance allowance under Section 125 of the Criminal Procedure Code (CrPC), it is the right of the recipient (typically a wife or child) to receive the ordered sum.

However, if the paying party (usually the husband) fails to comply with the court’s order, the recipient can file a petition to enforce the payment. Section 128 of the CrPC provides a legal mechanism to ensure that such maintenance orders are enforced.

This article discusses a typical petition filed by a wife for the enforcement of a maintenance allowance order under Section 128, CrPC.

Legal Point of the Petition for Enforcing Maintenance Allowance

1. Introduction to the Petition

The petition begins by providing the name of the petitioner (wife) and the opposite party (husband), identifying the legal context for the case.

The wife’s petition requests enforcement of a maintenance allowance that was previously ordered by the court.

The maintenance allowance could be related to the wife’s basic living expenses or other needs as decided by the court in a previous order.

2. Details of the Court Order

The petitioner refers to the earlier court order in which the husband (opposite party) was ordered to pay a monthly maintenance allowance of Rs. 850.

This amount was specified by the court under Section 125, CrPC to provide the petitioner with the necessary financial support.

The petitioner asserts that, despite this order, the opposite party has not paid the maintenance allowance as mandated by the court. A copy of the court order is typically attached to the petition as evidence.

3. Failure to Comply with the Court’s Order

In this section, the petitioner highlights the non-compliance of the opposite party.

The petitioner points out that the husband has failed to pay the ordered amount and has not made any payments, either in accordance with the court order or voluntarily.

This non-payment is the reason for the filing of the petition.

4. Request for Enforcement

The petitioner requests the court to issue a notice to the opposite party, asking him to explain why he has not complied with the court order.

If the court is satisfied with the petitioner’s claims, the wife may seek one of two types of enforcement actions:

• Attachment of Property: The court may order the attachment of the husband’s property (such as land, houses, or valuables) to ensure payment of the maintenance allowance.
• The petitioner provides a detailed description of the property to be attached in the schedule attached to the petition.
• Warrant of Arrest: Alternatively, the petitioner may request the court to issue a warrant for the arrest of the husband, compelling him to pay the maintenance or face imprisonment.
• The length of imprisonment will be at the discretion of the court, depending on the severity of the non-compliance.

5. Schedule of Property for Attachment

If the petitioner seeks the attachment of property to enforce the maintenance order, a schedule detailing the property to be attached is included in the petition.

This may include land, buildings, or other assets owned by the husband. For example, the petitioner might list a piece of land or a two-storey building as collateral for the maintenance payment.

6. Prayer for Relief

The petition concludes with a prayer for relief, requesting that the court take appropriate action to ensure that the husband fulfills his maintenance obligations.

This could be in the form of property attachment or arrest, depending on what the court finds necessary.

Legal Framework: Section 128 of the CrPC

Section 128 of the Criminal Procedure Code (CrPC) provides the legal framework for enforcing a maintenance order.

This section allows a person entitled to maintenance under Section 125 (such as a wife, child, or parent) to approach the court for the enforcement of the maintenance order if the paying party fails to comply.

• Section 128, CrPC enables the aggrieved party to seek legal recourse through the attachment of property or arrest of the defaulter.
• It also empowers the court to ensure that the ordered maintenance is paid in full, providing a legal remedy to those whose rights have been ignored or violated.

Legal Process: Steps Involved

1. Filing the Petition: The wife or the person entitled to maintenance files a petition under Section 128, CrPC in the court that originally issued the maintenance order.
2. Issuance of Notice: The court issues a notice to the opposite party (husband) asking why the maintenance allowance has not been paid.
3. Evidence and Verification: The petitioner may need to provide evidence, such as the original court order and proof of non-payment. The court will verify the facts presented in the petition.
4. Enforcement Action: If the court is satisfied with the petitioner’s claims, it can order the attachment of property or issue a warrant for the arrest of the opposite party.
5. Court’s Final Decision: The court will decide the appropriate enforcement action, which may include ordering the payment, attachment of property, or imprisonment.

Conclusion

A petition for enforcing a maintenance allowance under Section 128, CrPC is a legal mechanism that ensures compliance with court orders related to maintenance.

If a husband or another party fails to pay the maintenance amount as ordered by the court, the aggrieved party (typically the wife) can seek enforcement through property attachment or arrest.

The petition provides the court with the necessary details to take appropriate action and ensure that the spouse or dependent receives the financial support they are entitled to.

If you are facing issues related to non-payment of maintenance or need legal assistance in enforcing a court order, Legal Light Consulting is here to help.

Our legal team specializes in family law and can guide you through the process of enforcing your rights.

Contact Legal Light Consulting for all your legal needs.