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(Guest)

Date of maintenance?

My wife is staying away from me from last 5 and 1/2 year.

  1. In 125crpc can she ask maintenance of last 5 and 1/2 year?  If yes How can court allow this is she file petion for maintenance after 5.5 year?
  2. How many months jail will happen If I don't pay her maintenance of 5.5 years as well as after filing 125crpc for current and future months?


Learning

 7 Replies

r.mahalakshmi (criminal lawyer)     06 August 2012

 

The maintenance will be allowed from the date of order or date of application . It is the discretionary power of the judge and further on failure of payment of maintenance warrant will be issued and if unpaid even after execution of warrant then imprisonment until payment or for a period which may extend to one month.


(Guest)

Thanks R Mahalakshmi madam.

Wow! Only one month imprisonment.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 August 2012

The court has the power to order payment of maintenance either from the date of it's order or from the date when she has made the application. It can't order payment of maintenance before application for maintenance is preferred. 

1 Like

stanley (Freedom)     08 August 2012

Imprisonment is one thing and if you have any assests or property than they would be attached to recover the arrears. So better sell off whatever you have and than think about jail :-)

stanley (Freedom)     08 August 2012

Imprisonment is one thing and if you have any assests or property than they would be attached to recover the arrears. So better sell off whatever you have and than think about jail :-)


(Guest)

I don't have any property on my name. :-)


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