An unpaid maintenance order is not a dead letter, though it does require you to go back to court. The remedy depends on which statute the order came under.
Orders under Section 144 BNSS (formerly 125 CrPC)
Apply to the Magistrate for recovery of arrears. The court can issue a warrant for levying the amount as if it were a fine, and if the amount still remains unpaid, can sentence the defaulter to imprisonment for a term that may extend to one month for each month of default. The application must ordinarily be made within one year of the amount falling due, so do not let arrears pile up for years before acting.
Orders under the Hindu Marriage Act or a decree
File an execution petition. The executing court can attach and sell property, attach bank accounts, and order attachment of salary, which in practice is the fastest and most effective method where the defaulter is in employment. It can also order arrest and civil detention where default is wilful and the means exist.
Orders under the Domestic Violence Act
Breach of a monetary relief order made under the PWDVA can be pursued as an offence under Section 31 of that Act, and the Magistrate can also direct the employer to deduct the amount from salary.
In my experience, an application for attachment of salary addressed to the employer changes behaviour quicker than any other step, because it makes the default visible at work. Where the spouse is self-employed, attachment of a bank account or of rent receivable does the same job.
Practical steps before you file
- Prepare a month-by-month statement of what was due, what was paid, and the running balance. Courts want arithmetic, not adjectives.
- Keep bank records showing non-receipt.
- Identify assets: employer name, bank, property, vehicle. Execution succeeds or fails on knowing what to attach.