When maintenance ordered by a Delhi court is not paid, the law provides fairly strong enforcement tools, and you are not expected to simply wait and hope the paying spouse eventually complies. If the maintenance was ordered under the criminal maintenance provision, now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, non-payment can be enforced under Section 147 BNSS, which is the successor to the earlier Section 128 CrPC, allowing the Magistrate to issue a warrant for recovery of the due amount in the manner of a fine. Persistent default can result in imprisonment of up to one month, or until the amount is paid, for each instance of default.

Where maintenance ordered by a court is not paid despite this, courts can also direct attachment of the defaulting spouse's property or bank accounts to recover the outstanding amount, and repeated wilful non-payment is treated seriously since the purpose of maintenance is to prevent genuine financial hardship. If the maintenance was instead granted under Section 24 or Section 25 of the Hindu Marriage Act as part of matrimonial proceedings, it functions as a civil order and can be enforced through execution proceedings under Order 21 of the Code of Procedure, allowing attachment of salary, property, or bank accounts through the executing court.

In practice, many recipients pursue both routes where applicable, since the criminal enforcement mechanism tends to create more immediate pressure through the threat of a warrant or imprisonment, while civil execution proceedings can secure longer-term recovery through structured attachment. Before initiating enforcement, it helps to send a formal demand or notice through your advocate, documenting the default clearly, since courts look favourably on a party who has given the defaulting spouse fair opportunity to comply before escalating to warrants or attachment.

Because choosing between criminal enforcement, civil execution, or both requires understanding which order you actually hold and how it was framed, many people consult the team at Aapka Legal Advice to determine the fastest and most effective route to recover unpaid maintenance in their specific situation.

An experienced advocate can also help you prepare the enforcement application with the right supporting documents, including bank statements showing missed payments and any prior correspondence. The Best Delhi Lawyers & Retired Judges directory lists Delhi lawyers experienced in maintenance enforcement and execution proceedings, along with retired judges on the panel who can advise on how Delhi courts typically respond to persistent non-payment.

Their input can help you decide whether to escalate immediately or first attempt a structured settlement before pursuing enforcement. In conclusion, when maintenance ordered by a Delhi court is not paid, the law offers warrant-based recovery, attachment of property, and even imprisonment for persistent defaulters, giving you genuine leverage to secure what you are owed.