If your spouse has been ordered by a Mumbai court to pay maintenance and has simply stopped paying, or has been irregular and unreliable in making payments, please know that Indian law treats non-payment of court-ordered maintenance as a serious matter, and there are clear, effective legal mechanisms available to enforce compliance and recover the amounts that are rightfully owed to you.

Maintenance orders passed under Section 24 or Section 25 of the Hindu Marriage Act, 1955, or under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has replaced the earlier Section 125 of the Code of Criminal Procedure, are binding court orders, and non-compliance with such orders is not simply a private financial dispute to be worked out informally, but a violation of a formal judicial directive that courts have both the power and the responsibility to enforce through several distinct legal mechanisms.

The most direct enforcement mechanism available under the Bharatiya Nagarik Suraksha Sanhita, 2023, is found in Section 145, which corresponds to the earlier Section 128 of the Code of Criminal Procedure, and which specifically empowers the court to enforce a maintenance order as if it were a fine, allowing the court to issue a warrant for levying the amount due in the manner provided for the levy of fines, and, if necessary, to sentence the defaulting party to imprisonment for a term that may extend to one month, or until payment is made, whichever is earlier, for each month's default. This means that persistent, wilful non-payment of maintenance can, in serious cases, ultimately result in imprisonment of the defaulting spouse, and this is a powerful enforcement tool that courts do exercise where non-payment is clearly deliberate rather than the result of genuine financial hardship.

To invoke this enforcement mechanism, you need to file an execution application or a specific application for recovery of arrears before the same court that passed the maintenance order, detailing the exact amount that has fallen due and remains unpaid, supported by your bank statements or other evidence showing that the ordered payments have not been received. The court will then issue notice to the defaulting spouse, providing them an opportunity to explain the non-payment, and if the explanation is found unsatisfactory or if no genuine justification is offered, the court can proceed to issue a warrant for recovery of the arrears, potentially including attachment of the defaulting spouse's salary, bank accounts, or other property.

Where the maintenance order was passed under Section 24 of the Hindu Marriage Act, 1955, and the defaulting spouse continues to disregard the order, you can also pursue recovery through execution proceedings under the Code of Civil Procedure, 1908, treating the maintenance order similarly to a money decree, which allows for various modes of execution including attachment and sale of the defaulting party's movable or immovable property, garnishee proceedings against their bank accounts, and, where the defaulting spouse is employed, attachment of a portion of their salary directly through their employer.

Salary attachment deserves particular mention as a practical and often highly effective enforcement tool, since courts can direct an employer to deduct the maintenance amount directly from the defaulting spouse's salary and remit it to you, which removes the defaulting party's ability to simply refuse or delay payment, provided they are in salaried employment with an identifiable employer. This mechanism is particularly useful where the defaulting spouse has a stable job but has been deliberately withholding maintenance payments despite having the financial capacity to pay.

It is also worth understanding that filing a contempt of court application is another parallel remedy available to you, since wilful disobedience of a court's maintenance order can constitute contempt, and courts have the power to impose penalties for such contempt, including fines and, in serious cases, imprisonment, quite apart from the specific enforcement mechanisms available under Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023, or under civil execution proceedings. Pursuing multiple available remedies simultaneously, where appropriate, can significantly increase the pressure on a persistently non-compliant spouse to finally make payment.

It is important to be aware, however, that if the defaulting spouse can demonstrate a genuine and substantial change in their financial circumstances, such as a genuine job loss, serious illness, or another significant and bona fide hardship, this may be a relevant consideration when the court assesses the appropriate enforcement action, and the defaulting spouse retains the right to file their own application seeking modification or reduction of the maintenance amount based on such changed circumstances. This is why non-payment is not automatically and inevitably treated with maximum severity in every case, and courts do examine the genuine reasons behind non-compliance, though a spouse who simply stops paying without approaching the court for a formal modification, and without offering any credible explanation, is treated far more harshly than one who has taken the proper procedural steps to address a genuine change in circumstances.

Given how important prompt action is when maintenance goes unpaid, it is advisable not to wait too long before initiating enforcement proceedings, since accumulated arrears can become substantial over time, and a pattern of prolonged, unaddressed default can also complicate matters if the defaulting spouse eventually claims financial incapacity to pay the full accumulated amount. Taking swift, decisive legal action as soon as a default occurs, or a clear pattern of irregular payment emerges, generally produces better outcomes than allowing significant arrears to accumulate before seeking enforcement.

Given how technically varied the available enforcement mechanisms are, and given how much strategic value there is in choosing the right combination of remedies based on your specific situation, it is genuinely important to consult an experienced matrimonial lawyer as soon as maintenance payments stop or become irregular, to ensure the most effective enforcement strategy is pursued without unnecessary delay. If maintenance ordered by a Mumbai court is not being paid in your matter, reaching out to the team at Aapka Legal Advice can help you take swift and effective legal action to recover what is rightfully owed to you.

It is also worth keeping meticulous financial records throughout this process, tracking every payment received and every payment missed, since this documentation becomes essential evidence when filing an execution or recovery application, and any gaps or inconsistencies in your own record-keeping can complicate what should otherwise be a straightforward enforcement process.

Given how significant these enforcement decisions can be to your ongoing financial stability, many litigants in Mumbai find it valuable to consult retired judges before finalising their enforcement strategy. A retired judge with direct experience handling maintenance enforcement matters can offer realistic guidance on which specific enforcement mechanism is likely to be most effective given the defaulting spouse's particular circumstances, whether that is salary attachment, property attachment, or a contempt application. Several legal consultation platforms, including panels associated with Aapka Legal Advice, provide access to such retired judges alongside experienced criminal and matrimonial lawyers who specifically handle maintenance recovery and enforcement proceedings.

If your matter also involves broader divorce proceedings requiring dedicated representation in Mumbai, you may find it useful to explore Top Divorce Lawyers in Mumbai | Aapka Legal Advice for lawyers experienced in enforcing maintenance orders and recovering unpaid arrears.

In conclusion, if maintenance ordered by a Mumbai court is not paid, you have robust legal recourse available, including enforcement under Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which can result in imprisonment of a wilfully defaulting spouse, execution proceedings under the Code of Civil Procedure, 1908, including salary and property attachment, and contempt of court applications for continued disobedience. With prompt, well-documented, and decisively pursued enforcement action, unpaid maintenance can genuinely be recovered, and persistent defaulters can be held meaningfully accountable before the Mumbai courts.