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Suraj Kumar (Querist) 29 October 2014 This query is : Resolved
Sir,
Honorable High Court of xxxxxxx stays interim maintenance of wife for one month and again extends the stay order for another three months.
 How many times these types of extension can be granted?
Wife asking for maintenance for daughter and husband prays for custody of 6 years old daughter. Husband refuses to pay any maintenance for daughter and in spite he asks custody of child and well maintain child with him.
 Can court send father to jail if maintenance amount for daughter not paid?

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Devajyoti Barman (Expert) 30 October 2014
Stay in maintenance cases is always conditional i.e. subject to making payment of such amount as the Revisional court wishes which gets extended till the Revision is finally heard.

In default of payment of maintenance the husband/father can be sent to jail in execution proceeding.

P. Venu

(Expert) 30 October 2014
The answer depends upon the facts and circumstances of the case.

V R SHROFF (Expert) 30 October 2014
father can be jailed for non payment of maintenance to his children

Rajendra K Goyal (Expert) 30 October 2014
The interim order of the court need to be referred. consult your lawyer.

If maintenance not paid father can be jailed.

ajay sethi (Expert) 30 October 2014
agree with experts

Dr J C Vashista (Expert) 30 October 2014
I agree with experts.

T. Kalaiselvan, Advocate (Expert) 02 November 2014
For default in paying maintenance amount already passed, a CMP can be filed in the trial court seeking payment of arrears of maintenance amount or to send him to jail. He can be sent to jail only on an order passed on such application.

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