IndiaMy husband is refusing to pay maintenance ordered by court. What now?
You can file an application for enforcement of the maintenance order through contempt proceedings or execution under civil procedure rules. The court may impose fines, arrest, or attach property.
What the Law Says
Indian law provides clear remedies when a spouse wilfully disobeys a court-ordered maintenance payment. The primary statutes governing this are the Code of Criminal Procedure (CrPC) for interim maintenance and the Civil Procedure Code (CPC) for enforcement.
Under Section 125 of the Code of Criminal Procedure, 1973, a magistrate may order a husband to pay monthly maintenance to his wife if she is unable to maintain herself. This order is legally binding and enforceable.
If the husband fails to comply, Section 125(3) CrPC allows the court to issue a warrant for levying the amount due by attaching and selling his movable or immovable property.
For maintenance orders passed in civil courts (e.g., under Hindu Marriage Act or Special Marriage Act), enforcement follows the Civil Procedure Code, particularly Order 21, which governs execution of decrees — including attachment of salary, bank accounts, or property.
Additionally, wilful disobedience of a court order amounts to civil contempt under the Contempt of Courts Act, 1971 — punishable with simple imprisonment up to three months, a fine up to ₹5,000, or both.
Statutory TextIf any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due...
— Code of Criminal Procedure, 1973, s. 125(3) — Maintenance of wives, children and parents
Statutory TextThe penalty for civil contempt is simple imprisonment for a term which may extend to three months, or fine which may extend to five thousand rupees, or both.
— Contempt of Courts Act, 1971, s. 12(1) — Punishment for contempt of court
What Courts Have Said
Indian courts have consistently held that maintenance orders must be enforced rigorously, and non-compliance cannot be treated lightly — especially where it affects the wife’s basic sustenance.
The Court emphasized that maintenance is not a favour but a statutory right, and wilful default warrants coercive enforcement including contempt proceedings.
Held that maintenance under Section 125 CrPC is a remedy available to all women irrespective of religion, and enforcement must be prompt and effective.
What to Do
File an application for enforcement before the same court that passed the maintenance order — citing Section 125(3) CrPC (if criminal court) or Order 21 Rule 30 CPC (if civil court).
Alternatively, file a contempt petition under the Contempt of Courts Act, 1971, proving willful disobedience and ability to pay.
Attach evidence: copy of maintenance order, proof of non-payment (bank statements, notices), and income details of your husband.
Request immediate relief — e.g., attachment of salary, freezing of bank account, or issuance of arrest warrant in contempt cases.
Engage a lawyer to draft and argue the application; legal aid is available free of cost through District Legal Services Authorities (DLSA).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.