What happens if the spouse refuses to pay maintenance?

If the husband refuses despite a court order under CrPC 125 or DV Act, the court may:

  • issue warrant for attachment of property,
  • seize salary,
  • issue arrest warrant (CrPC 125(3)),
  • impose penalties for wilful default. Non-payment may also support the wife’s Faskh ground under Section 2(ii): failure to maintain for 2 years.
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