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Simp (Engineer)     22 July 2009

Punishment for not paying maintenance

What will be the normal and maximum punishment if I refuse to pay interim maintenance to wife as per court order? The DV filed by wife will come up in court next month and there is a possiblity to ask maintenance from wife's side. we have no children. Wife is a post graduate in commerce and working on temporarly basis and there is a possiblity of her quiting the job for asking maintenance. Anyway i'm not ready to pay if court orders maintenance  so what will be the max. punishment I would get? Can I go for appeal to HC questining only the maintenance order? If so, will the DV case be freezed untill the appeal in HC is over? plz help



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 July 2009

Ordinarily a wife is entitled to maintenance only when she is in the matrimonial home under her husband"s protection.If she withdraws herself wilfully from the husband"s house and defaults in her wifely duties her claim to maintenance becomes suspended.

Dharmesh Manjeshwar (Advocate/Lawyer)     22 July 2009

Hi, maintenance/monetary relief under the D.V. act are decided on the grounds that it should be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. The punishment for breach of an order under the D.V. act is punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. U can appeal to the Court of Sssions against the order of the Magistrate under the D. V. act.

Sanish (Business)     22 July 2009

Recently I've read a ruling of court on interim maintance petition filed by wife that wife is not entitled for payment as long as judicial seperation or divorce is not granted by court. As per HMA husband is responsible to look after wife providing only basic amenities but not cash. Husband is ready to stay with wife but wife not willing to stay with him without any serious reasons and asks for maintenance. In this context the court ruled that wife is not entitled for interim maintenance as per HMA as long as judicial seperation or divorce is not granted by court. The state of marrige legally changes only when court grants judicial seperation or divorce, both shows there is a valid reason for wife not staying with husband, then only court can ask husband to pay maintenance/alimony. your views please.


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