Punishment for non payment of maintenance

The decree of the court awarding maintenance under se 18 of the HAMA can be executed as a money decree of the civil court the judge cannot impose punishment  upon the defaulter except where it is permitted under execution of a money decree of the civil court.

your both the questions are replied accoedingly.  

I do agree with Shantilal.

Dear Pandyaji, 

Thank you very much for your reply. 

My query was based on the fact that Respodent (husband) is based in UK and maintenance payment is outstanding by 75-80 lakhs, which he is unwilling to clear.

In India, he has done everything on the name of his father and/or other family members, who as his POA handling his every transactions and projects as his own assets/income.

Somewhere on the forum one of the learned member replied (to other memeber) that " in absence of ur hus, ur father inlaw is liable to matn u u/s 18 "  

What could be the possible further steps/actions to recover the dues (probably with the use of IPC/CrPC)?

Anticipating reply.

Yours sincerly, 

RAJ

Originally posted by : Rajendrakumar
	Dear Pandyaji,  Thank you very much for your reply.  My query was based on the fact that Respodent (husband) is based in UK and maintenance payment is outstanding by 75-80 lakhs, which he is unwilling to clear. In India, he has done everything on the name of his father and/or other family members, who as his POA handling his every transactions and projects as his own assets/income. Somewhere on the forum one of the learned member replied (to other memeber) that " in absence of ur hus, ur father inlaw is liable to matn u u/s 18 "   What could be the possible further steps/actions to recover the dues (probably with the use of IPC/CrPC)? Anticipating reply. Yours sincerly,    RAJ

Donno where you read it. But if it were to be like that, just ask your dad, did he also tie the knot along with you ??

Wife is responsibility of husband, not FIL.

And with regards to outstanding balance, dont come back to India, stay there, come here you face arrest.

A father in law may be ordered to maintain son's widow in a civil action but not during the life time of his son

I agree with shantilal pandya.  It is difficult (but not impossible) to recover maintenance under sec. 18 of HAMA, since the husband is staying abroad.  You can get it attached your husband properties by the court, but the properties should lie in the name of your husband only.  

In view of the above circumstances, immediatley file maintenance case under Sec. 125 of Cr.p.c. which comes under the criminal procedure.  The order under this section is serious compared to HAMA.  But the amount of maintenance will be less than HAMA.  By this order you can get your husband arrested even though he is abroad by using the help of interpole.  It is also a time consuming matter, but there is no other way.  If you can influence the Police and follow up regularly, it can be done earlier. 

@ Pandyaji @ Ravinderji,

Thank you very much for your much needed guidance.

FC has already passed interim maintenance of INR 150K pm (HC has rejected his appeal against the order) and tomorrow is the day of final judgment. I shall advice the concerned to immediately file case u/s 125 of CrPC.

Hope summary trial can be done with the help of order u/s 18 of HAMA.

Again, thank you very much.

Yours sincerely,

RAJ

the maintenance  can  be recovered from the  the property in the hands of a transferee with knowledge  of the claim of maintenance but not from a transferee for value without notice of such a claim in this view of the matter maintenance can be recovered from the property in the hands  a  fahter in law  who is a transferee with the notice of the claim