My husband is not paying court-ordered maintenance. What can I do?

A maintenance order is enforceable, and non-payment has real consequences. If your husband defaults, the law gives the court strong recovery powers:

• Execution and warrant: under Section 144 BNSS (the successor to Section 125 CrPC), the court can issue a warrant to levy the unpaid amount as if it were a fine.
• Imprisonment for default: if arrears remain unpaid, the court can sentence the defaulting husband to imprisonment, up to one month per breach, which is a powerful pressure to pay.
• Attachment of income: where he is salaried, the court can direct recovery from his employer or attach property.

You should apply promptly, because recovery of arrears under this provision is generally sought within twelve months of the amount becoming due, so long delays can limit what is recoverable.

In practice at the Lucknow Bench, we find that filing a clear execution application with a precise, month-wise computation of arrears works best. Courts act quickly when the exact figure and the dates of default are set out, rather than a rounded lump sum.

If the husband claims inability to pay, the burden is on him to prove it. Interim maintenance under Section 24 of the Hindu Marriage Act may also run in parallel during matrimonial proceedings.