How can I recover unpaid maintenance arrears from my spouse?

Question

My husband has stopped paying the maintenance ordered by the court and I want to recover the arrears due to me. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How can I recover unpaid maintenance arrears from my spouse? is governed in India primarily by Bharatiya Nagarik Suraksha Sanhita 2023, Section 144, Bharatiya Nagarik Suraksha Sanhita 2023, Section 146 and Code of Civil Procedure 1908, Order 21. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 146 of the BNSS, corresponding to the earlier Section 128 CrPC, allows the magistrate to enforce a maintenance order in the same manner as a warrant for levying fines, and unpaid amounts can be recovered as arrears of land revenue.

If the person ordered to pay maintenance fails to do so without sufficient cause, the magistrate can issue a warrant to recover the amount and can sentence the defaulter to imprisonment for up to one month for each month's default, or until payment.

A maintenance order granted under the Hindu Marriage Act or the Domestic Violence Act can additionally be executed as a civil decree under Order 21 of the Code of Civil Procedure by attaching salary, bank accounts or property.

Courts have clarified that the claim for arrears of maintenance ordinarily should be made within one year from the date the arrears become due, though delay can be condoned for sufficient reason.

Wilful default in paying maintenance can also expose the defaulter to proceedings for contempt of court where the maintenance was awarded by a superior court order.

What to do next: 1) File an execution application before the magistrate or civil court that passed the maintenance order; 2) Provide a clear calculation of the arrears due with dates and amounts; 3) Request attachment of salary or bank accounts, or a warrant for imprisonment on default; 4) Act within the limitation period applicable to the arrears claim to avoid rejection.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.