Execution Petition for Maintenance – Step-by-Step Guide (Family Court)
This article is published by The Legal Warning India and written by Advocate Uday Singh.
Information is based on statutory provisions, family court practice, and publicly available judicial principles.
When Does the Need for an Execution Petition Arise?
An execution petition is required when a court has already passed a maintenance order, but the paying spouse fails to comply with it.
This situation commonly arises when:
- Interim maintenance is not paid during divorce proceedings
- Permanent alimony ordered after divorce is ignored
- Partial or irregular payments are made deliberately
In such cases, the maintenance holder must approach the court again — not for a fresh case, but for enforcement of the existing order.
Legal Basis of Execution Petition for Maintenance
An execution petition is filed before the same Family Court that passed the maintenance order.
The purpose is simple:
- To recover unpaid maintenance arrears
- To compel future compliance with the order
First Check: Is the Maintenance Order Final or Interim?
Execution can be filed for:
- Interim maintenance orders
- Permanent maintenance / alimony orders
If you are unsure about the type of order, first understand the enforcement stage:
Maintenance Order After Divorce – Enforcement Process Explained
Step-by-Step Process to File Execution Petition for Maintenance
Step 1: Calculate Maintenance Arrears
Prepare a clear calculation showing:
- Month-wise maintenance due
- Payments received (if any)
- Total arrears till date
Step 2: Collect Required Documents
Usually required documents include:
- Certified copy of maintenance order
- Proof of non-payment (bank statements)
- Arrears calculation sheet
A detailed checklist is explained here:
Documents Required for Maintenance Case During Divorce
Step 3: Draft the Execution Petition
The execution petition must mention:
- Details of the original maintenance order
- Exact amount of arrears
- Mode of recovery requested
Step 4: Filing Before Family Court
The petition is filed before the Family Court where the original order was passed. Court fees are generally minimal.
Step 5: Notice to the Defaulter
The court issues notice to the defaulter, asking why the maintenance order has not been complied with.
Step 6: Court Hearing and Recovery Directions
After hearing both sides, the court may pass recovery directions.
Modes of Recovery in Execution Proceedings
1. Salary Attachment
If the defaulter is employed, the court may order direct deduction from salary.
2. Bank Account Attachment
Courts may attach bank accounts to recover arrears.
3. Property Attachment (Limited Cases)
If assets exist in the defaulter’s name, attachment may be ordered.
4. Coercive Measures for Wilful Default
In cases of intentional non-payment, stricter steps may be taken.
Related explanation:
Can Husband Be Arrested for Non-Payment of Maintenance?
What If the Defaulter Seeks Reduction Instead?
If the defaulter claims financial hardship, the correct remedy is to seek modification — not to stop payment.
Read in detail:
Maintenance Reduction or Cancellation After Divorce – When Allowed
Common Mistakes in Execution Proceedings
- Delaying filing of execution petition
- Incorrect arrears calculation
- Not producing bank statements
- Accepting excuses without court orders
Practical Tips for Faster Recovery
- Maintain accurate payment records
- Act immediately on default
- Seek attachment instead of repeated adjournments
Conclusion
An execution petition is the most effective legal tool to recover unpaid maintenance. Family courts treat maintenance default seriously, but timely and properly drafted execution proceedings are essential.
Delay weakens recovery; prompt action strengthens enforcement.
This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.
