Maintainance arrears
Shake-Her
(Querist) 19 December 2011
This query is : Resolved
Hi,
In addition to my query :- "Beg/steal tp pay her or simply beat her" posted on this site, I want to know:
1. I have not paid any maintainance to my wife since 2006 which is 3.0 lac+ now. She filed for execution after 3+years, is she entitled to get all the arrears recovered?
2. If I do not pay this time also, I will be sentenced for 1 month. Will that one month cover maintainance up to the date she filed for execution, or i can be jailed again for the same amount unpaid(jailed once)?
3. Please go through my post and help me since I need Expert advice here to decide what to do.
Raj Kumar Makkad
(Expert) 19 December 2011
1. She is entitled for the recovery of arrears limited upto one year from the date of application seeking execution of maintenance order.
2. You shall have to face jail of one month against the arrears of one month only. This means a jail of 12 months but even then money shall have recoverable.
3. Though you would have posted your subsequent query in the same thread but even then you are being suggested that you should pay maintenance allowance to your wife otherwise be prepared to face the wrath of legal system.
V R SHROFF
(Expert) 19 December 2011
Do not play with your DUTY imposed by Law, Court & Religion.
If you are unable to pay, submit that, due to change of circumstances, I cannot pay, and as she can survive for 3 years without my mtn, she have other sources of income, and can maintain herself.
She did not incure any debt to mtn herself.
Shake-Her
(Querist) 20 December 2011
Thank you all.
Are there any Punjab & Haryana High court / SC Judgment(s) for us to claim that she can only recover maintenance arrears of 1 year only?
Shonee Kapoor
(Expert) 20 December 2011
It is written in the code itself and yes there are judgements from P&H HC about it.
Search on www.indiankanoon.org
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
