If a husband is not complying with a court order after an application under the second proviso to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), addressing interim maintenance pending final disposal of the main proceeding, understanding your genuinely available enforcement options is important.

The first and most direct step is having your advocate file a formal application before the same Magistrate who passed this interim maintenance order, specifically bringing to the court's attention that your husband has failed to comply, and requesting the court to properly initiate enforcement proceedings given this specific non-compliance.

Given that this order was passed under Section 144 of the BNSS, the specific enforcement mechanism available is addressed under Section 147 of the BNSS, corresponding to the previous Section 128 of the old Code of Criminal Procedure, which allows the Magistrate, upon being satisfied that the husband has failed to comply without sufficient cause, to issue a warrant for levying the outstanding amount in the manner provided for levying fines, and, for any amount remaining unpaid after this specific execution, to sentence the husband to imprisonment for a term extending up to one month, or until payment is made, whichever occurs sooner.

If your husband claims genuine inability to pay given a specific change in his financial circumstances, it is worth understanding this specific claim would need to be properly examined by the court, since if this claim is genuinely established, the appropriate path would be for him to formally apply for modification of the interim maintenance amount, rather than simply and unilaterally failing to comply without seeking this proper legal remedy.

If your husband continues to demonstrate wilful non-compliance despite having sufficient means, it is worth ensuring your advocate properly and specifically documents this pattern, including his known income and assets, since establishing this genuine capacity to pay, contrasted against his continued refusal, strengthens your application for these specific coercive enforcement measures.

If your husband holds any identifiable assets, whether property, bank accounts, or other resources, it is worth discussing with your advocate whether pursuing attachment and sale of these specific assets, entirely apart from or alongside the warrant and potential imprisonment mechanism, might provide a more directly effective path to actually recovering the outstanding amount.

If this application was specifically filed given his continued non-compliance with an already-existing interim maintenance order, it is worth understanding, given the specific sixty-day disposal timeline the BNSS establishes for interim maintenance applications themselves, that courts are generally expected to address these specific applications relatively promptly, meaning it is worth ensuring your advocate properly follows up if this enforcement application itself is not being addressed within a reasonably prompt timeframe.

If your husband's non-compliance has continued for a genuinely significant period, causing you substantial hardship, it is worth ensuring this specific and demonstrated hardship is properly presented to the court, since this context can support the court's willingness to properly and promptly implement whatever coercive measures are genuinely warranted given his continued refusal.

Given how genuinely important it is to properly and persistently pursue enforcement of this interim maintenance order given your husband's continued non-compliance, it is essential to consult an experienced family law advocate. You can reach out via Aapka Legal Advice for guidance on properly enforcing your interim maintenance order under Section 144 of the BNSS given your husband's continued non-compliance.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling maintenance enforcement matters.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate will ensure the most effective available enforcement mechanism is properly and promptly pursued.

In summary, if a husband is not complying with an interim maintenance order passed under Section 144 of the BNSS, appropriate enforcement steps include filing a formal application before the same Magistrate to initiate enforcement under Section 147 of the BNSS, potentially resulting in a warrant to levy the outstanding amount as a fine and, for continued default, imprisonment up to one month, while also considering attachment of his identifiable assets, with any claim of genuine inability to pay requiring him to properly and formally seek modification rather than simply and unilaterally failing to comply.