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Sun Roy (engineer)     26 January 2013

Max punishment for maintance

 

Sir, I have a friend who is unemployed and 498a, 406 34 and DV is going on. and 125 also. My friend is unemployed / pvt employed and some time work as khalasi and earn Rs 2000 to 2500/- month. he is 12th passed. however the court considered minimum wages act and has given order to pay Rs 2500/-  per month ( wife and 1 child). and effective from 2007. and payment rs 1.25 lacs. since he has no money. So the court has send him jail for 1 month. after 1 month judge asked to pay the money and since he has no money the court again send for 1 month.

In the mean time my friend is suffering a mental problem and his treatment is under phychiatrist. and he is presently not able to earn rs a sinngle paisa. He is in jale from last 45 days and all his medicine stopped by court.

What should we do and what is the max prisonment in 125 Crpc. my friend wife is also 12 th pass. presently where she is working i dont know.



Learning

 7 Replies

vijay (M)     26 January 2013

can't believe it.  how can you keep person behind bars and also expect him to create money out of thin air ???

Msk-need -nuetral- laws (self)     26 January 2013

Yes, this will happen multiple number of times till he arranges maintenance. 

Sun Roy (engineer)     26 January 2013

what number of times the court can repeated it. a mental patient can not earn a single paisa. however court is negelecting it. what should i do so that i can take my friend out side from the lockup.

Msk-need -nuetral- laws (self)     28 January 2013

appeal to higher court one level above stating his inability to earn on medical ground. There lies, may be some solace

Q Slinger (NA)     28 August 2014

Approach your local Human Rights Commission. They should be able to help your friend.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 August 2014

File writ petition (Article 226) or once he out then ask him to abscond from that jurisdiction.


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