Maintence Law
Roshan Arora
(Querist) 22 May 2016
This query is : Resolved
Dear all...My wife has filed the case of 125 and interim of 8000 is decided by the court and I was giving the part payments as he filed execution for arears from the filing date. Due to some reasons I could not pay the maintenance AMT and court issued the conditional warrant as I had not presented in the court as I was not having the AMT. Now My advocate is saying that you will be given the sentence of 1 month and the execution will be over as judge can not sent me in the jail for same AMT which is pending for more than 9 months. Now my qyuery is if I will not pay the maintenance then for how much time judge can sent me in custody is it for one month or for 9 months as I have read that one month default one month Jail judge can take the decision pls clear my query
SAINATH DEVALLA
(Expert) 23 May 2016
The amount sanctioned by the court is only interim relief and not final awarded maintenance.If U keep on prolonging paying her the more troubles will creep in.Hence get the conditional warrant recalled and pay the due amount.UR advocate cannot predict the period of the sentence to be awarded.
Rajendra K Goyal
(Expert) 23 May 2016
More troubles may be invited if interim maintenance is not paid.
Sentence depend on the facts presented, arguments and the court.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
You can keep paying whatever amount you have now and can request court to allow you to pay the amount at a later date owing to your financial crisis, the court will certainly listen to your appeal.
