Questions & Answers
Execution filed in divorce proceedings for maintenance
Hi Hari,
I have just gone through a divorce and my ex-wife has filed for execution. The document received from the court states to pay accommodation money full in advance, is this normal?
She forwarded me the document and I haven't received anything directly from the court. I have only been informed prior to two days before the execution date.
Which leaves me without any option as the letter states failure to pay court can take legal action.
The document only speaks about one-time payment and does not include any monthly payments that need to be made for children's maintenance, electricity bill or school fees.
My next question is that if she takes the full amount of accommodation money and stays with her family, is that legal?
As it impacts the quality of life of my children plus the amount ordered by the court for accommodation is used for personal enjoyment or expenses.
What legal options I do have?
Regards,
M.
Dear Mr M.,
Thank you for reaching out to me on this.
Firstly, your query if she can take the full amount of money and stay with family, whether the money will be used for personal expenses, failure to account for child maintenance...etc, all these questions are to be raised in actual divorce proceedings.
Considering the execution is filed at this stage, your right to raise these questions is barred. Unless you can show the court you did not receive any divorce proceedings notice and could not participate in the case as you were not aware of the case.
If you have evidence in this regard then we can stop the execution against you.
In terms of the law, execution is the final stage of any litigation. Failure to abide by it results in a travel ban, detention, freezing of bank accounts and so on.
I advise you to be careful and treat this case with the utmost priority.
I trust you will find this helpful.
Regards,
Hari Wadhwana
