Written by Adv. Aman Chawla | Matrimonial Law Specialist | Delhi High Court & Supreme Court of India Practice in Family & Matrimonial Law | August 2026

Quick Answer

If your husband has stopped paying court-ordered maintenance, you don’t have to start a fresh legal battle — you go back to the same court that passed the order and file an execution petition. The court can attach his salary or bank account, issue a warrant for recovery of the arrears, and, if the default is wilful, order civil imprisonment of up to one month per default. You do not need to prove anything new about the marriage. You only need to prove the order exists and that it hasn’t been complied with.

The Deeper Explanation

I get some version of this call every week: “The court ordered him to pay. He paid for three months, then stopped. What do I do now?”

The first thing I tell every client is this — a maintenance order is not a request. It’s a decree. Once a court has directed your husband to pay maintenance, whether under Section 24 of the Hindu Marriage Act, Section 144 of the BNSS (the provision that replaced the old Section 125 CrPC in July 2024), or Section 20 of the Domestic Violence Act, that order is enforceable exactly like a money decree. Non-payment isn’t a grey area he gets to sit in. It’s a violation the court has real tools to correct.

Which Law Was Your Order Passed Under? This Decides Where You Go Next

This is the step almost everyone skips, and it costs them time. Your enforcement route depends entirely on which court and which law your original order came from.

If your order was passed under Section 144 BNSS (the secular provision covering wives, children, and parents — formerly Section 125 CrPC), you go back to the same Magistrate’s court that passed it. Under Section 144(3), if payment isn’t made without sufficient cause, the Magistrate can issue a warrant for recovery of the amount, treating it the same way fines are recovered.

If your order was passed under Section 24 HMA (interim maintenance during a pending divorce or judicial separation), enforcement happens through the same family court hearing your matrimonial case — usually via an execution application filed alongside your main petition.

If your order was passed under Section 20 of the Domestic Violence Act, you go back to the Magistrate who granted the protection/monetary relief order. Breach of a DV Act order carries its own separate criminal liability under Section 31 of the Act, on top of the recovery mechanism.

Filing in the wrong forum is the single biggest reason enforcement applications get delayed for months. If you’re not certain which section your order falls under, the first page of your original order will say so — bring it to your first consultation with a maintenance lawyer in Delhi and this gets resolved in minutes, not weeks.

What the Court Can Actually Do to Him

Think of a maintenance order like a fixed monthly obligation the same way an EMI is — the bank doesn’t ask the borrower nicely a second time, it moves straight to recovery. Courts treat unpaid maintenance the same way, because the law’s entire purpose is to prevent the dependent spouse and children from being left with nothing while the case, or life, moves on.

Attachment of salary or bank account. The most commonly used tool. The court can direct an employer to deduct the maintenance amount directly from salary, or freeze and recover from a bank account.

Attachment of property. Where salary attachment isn’t sufficient or he’s self-employed, the court can order specific assets or property attached to recover the arrears.

Warrant for recovery. Under the execution process, arrears can be recovered the same way a fine is recovered under criminal law — through a formal recovery warrant.

Civil imprisonment. This is the consequence husbands underestimate the most. Where the court is satisfied the default is wilful — meaning he has the means but is deliberately avoiding payment — it can order imprisonment of up to one month for each default, or until payment is made, whichever comes sooner. This isn’t rare or theoretical. In one Bombay family court matter, a husband who defaulted on ₹32 lakh in arrears and could not produce genuine evidence of financial hardship was sentenced to civil imprisonment until the amount was recovered.

Contempt of court proceedings. In more serious or repeated cases, particularly where a husband has actively concealed income or assets to avoid payment, the wife can additionally move a contempt petition. Courts do not treat this lightly — deliberately defeating a maintenance order by hiding financial capacity has, in reported cases, led directly to imprisonment once the concealment was proven.

“But He Says He Has No Money” — What Actually Happens

This is the excuse I hear cited back to me constantly, and courts have heard it too many times to accept it at face value. A husband cannot simply assert poverty and expect the court to take his word for it. If he claims genuine financial hardship, he has to prove it — bank statements, income records, documented liabilities. Courts have repeatedly held that vague claims of debt, without supporting documents, do not excuse non-payment. If anything, refusing to produce financial records when directly asked tends to work against him, since courts read that refusal as evidence he has something to hide.

What he cannot do is stop payment unilaterally just because he’s decided the amount is unfair, or because you’ve started earning something yourself. A maintenance order stands exactly as written — full and enforceable — until a competent court modifies, stays, or sets it aside. If your income situation has genuinely changed, a working wife is not automatically disentitled to maintenance either; courts weigh the disparity in earning capacity and standard of living, not just the fact that some income exists. If he believes circumstances have changed enough to reduce his liability, the law requires him to apply to the court for modification — he doesn’t get to decide that himself and simply stop the transfer.

What Actually Happens in Court (Saket, Patiala House & Karkardooma)

In execution matters I’ve argued at Saket, Patiala House, and Karkardooma, the pattern is consistent: courts move faster on enforcement than on the original maintenance petition itself, because by this stage the entitlement has already been decided — the only question left is compliance. A well-documented execution petition, with a month-wise breakdown of arrears and proof of the original order, is usually listed and heard with real urgency, especially where a woman or children are shown to be without support in the meantime. What slows these matters down almost every time isn’t the law — it’s a petition that’s vague about the exact arrears owed, or that doesn’t clearly state which order and which section is being enforced.

Step-by-Step: What to Do Right Now

1. Gather your original order. Note the case number, the court, the section it was passed under, and the exact monthly amount.

2. Calculate arrears precisely, month by month. Vague figures slow the process down. A clear table of what was due, what was paid, and what remains owed strengthens the petition significantly.

3. File an execution petition in the same court. This is not a fresh case — it’s enforcement of an existing one, and it moves faster than starting over.

4. Ask for interim relief if you need it urgently. If the non-payment has left you without immediate means, the court can be asked to expedite recovery given the urgency of your situation.

5. If he’s actively hiding income or assets, raise it directly. Courts respond seriously to documented evidence of concealment — this is where a contempt petition alongside execution becomes relevant.

6. Don’t accept a unilateral reduction. If he’s paying less than ordered because he’s decided the amount should change, that reduction has no legal standing until a court approves it.

If children are involved and their maintenance is bundled with yours, our page on child custody covers how custody and support obligations typically interact. And if the non-payment is part of a broader pattern of control or financial abuse, remedies under the Protection of Women from Domestic Violence Act may apply alongside execution proceedings, not instead of them.

The Other Side of This Question

If you’ve read this far because you’re the one being asked to pay and believe the order is genuinely unfair or your circumstances have changed, the answer isn’t to simply stop — it’s to apply for modification through the proper forum. We’ve written a detailed companion piece on what actually happens if maintenance goes unpaid, covering the consequences from that side in full.

FAQ

What is the first step if my husband stops paying court-ordered maintenance?

File an execution petition in the same court that passed the original maintenance order. You don’t need to file a fresh case or re-prove your entitlement — you’re enforcing an order that already exists.

Can my husband be arrested for not paying maintenance?

Yes. If the court finds the default wilful and he has the means to pay but refuses, it can order civil imprisonment of up to one month per default, or until the arrears are paid, whichever happens first.

What if my husband says he has no money to pay?

He must prove it with genuine documentation — bank statements, income records, evidence of liabilities. Courts have consistently held that vague claims of financial hardship, without supporting proof, do not excuse non-payment.

Can my husband stop paying maintenance if I start earning money?

No, not unilaterally. The original order remains binding until a competent court modifies or sets it aside. He must formally apply for modification; he cannot simply decide the amount is no longer justified and stop paying.

What is the difference between an execution petition and a contempt petition for unpaid maintenance?

An execution petition enforces recovery of the arrears owed — through salary attachment, property attachment, or a recovery warrant. A contempt petition is used where the default appears deliberate, particularly where income or assets are being concealed, and can carry additional penal consequences beyond simple recovery.

How long does it take to recover unpaid maintenance through the courts?

It varies by court and by how clearly the arrears are documented, but execution proceedings generally move faster than the original maintenance petition, since the entitlement itself is no longer in dispute — only compliance is.

Does my child’s maintenance get enforced the same way?

Yes. Whether maintenance for a child was granted alongside your own or separately, arrears can be pursued through the same execution process, and courts treat non-payment affecting a child’s welfare with particular seriousness.

Adv. Aman Chawla, Family Law Expert

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. As per the Rules of the Bar Council of India, advocates are not permitted to advertise or solicit work, and nothing in this article should be construed as advertising, solicitation, or an invitation to engage this firm. Readers should consult a qualified advocate regarding their specific circumstances before taking any legal action.

If maintenance owed to you isn’t being paid, speak to Advocate Aman Chawla for a free, confidential first consultation — or read more legal articles on maintenance, custody, and divorce law.