Report No. 132
Question No. 2
2. The recovery of the monthly amount awarded by the Court presents numerous difficulties and poses several problems. The awardee would have to approach the court every time the person liable to pay the allowance neglects to make the payment. The awardee would have to engage a lawyer and to incur expenditure in connection with the payment of professional fees and other incidental expenses once again and frequently from time to time if payment is withheld often. In order to recover the amount in arrears, the awardee may well have to spend a few months' allowance. Under the circumstances, would it not be desirable to empower the court in its discretion to direct the person liable to pay the allowance to deposit monthly allowance for six months or so in advance in fit cases?
Response: By and large the opinion was expressed that. the person liable to pay maintenance should be directed to deposit maintenance amount for six months in advance (Note: Some suggested that the concerned person should be directed to make an advance deposit for a period of one year whereas some suggested that the period should be restricted to three months or that such order should be passed only in case of defaulters).