Section12
sujith muralidharan
(Querist) 06 June 2013
This query is : Resolved
Hi expert pls let me know waht are the criminal procedure if dont pay the maintanance amount?
actually my wife gone to her home and from there she filed a domestic violence case against me.
if it necessary that i have to pay maintanance becoz i want to keep her and she and her family dont want to send her with me they ae saying that i have to stay with them as ghar jawai
Adv Archana Deshmukh
(Expert) 06 June 2013
If maintainance is awarded by the court and you do not pay then, the court will issue warrant against you and will send you to jail.
sujith muralidharan
(Querist) 06 June 2013
ok,pls let me know how many years i have to spent in jail.actually her family wants money from me thats why i dont want to pay the same
Adv Archana Deshmukh
(Expert) 06 June 2013
one month of jail for every month's default in paying maintainance.
Just bcoz she has filed the case does not mean that she will be granted maintainance. You fight out the case propertly on merit. She will have to prove domestic voilence in order to get maintainance.
sujith muralidharan
(Querist) 06 June 2013
actually i want to keep her with me and she and her family wants her to reside at her home and extort the money from me.is there any defense for not giving maintenance.actually madam the court given me the order on the very first date that i have to pay intrim maintanance of 4000 thousand per month till the disposal of the application
Rajendra K Goyal
(Expert) 06 June 2013
From your query it is not clear whether maintenance has been awarded by the court or not. In spite of adopting ways which destroy your mental peace, try to divorce with mutual consent and go for resettlement of your life.
Adv Archana Deshmukh
(Expert) 06 June 2013
You can tell the court to send the matter for mediation and that you are ready to take you wife home, see if the matter can be resolved.
sujith muralidharan
(Querist) 06 June 2013
if i go for a mediation is the mediator will be from the court or from the family?
Adv Archana Deshmukh
(Expert) 06 June 2013
from the court. The court refers the case to the mediator at the mediation cell.
Raj Kumar Makkad
(Expert) 06 June 2013
Your property can also be auctioned in case despite of jail, you do not clear the maintenance.
sujith muralidharan
(Querist) 06 June 2013
i dont have any property in my name.all properties are belongs to my parents
Raj Kumar Makkad
(Expert) 06 June 2013
Then jail is the better option for you if you have completely decided not to follow the verdict of the court.
sujith muralidharan
(Querist) 06 June 2013
Actually sir i didnt commit any violence to her the case is 100% fake thts why i dont want to follow.her father and brother planned for killing me giving posion after having two kids i have the recording of the same with me.after hearing the conversation of them any court can say that i am guilty.
sir can i know that.
what is "application u/s 23 protection of women"
"affidavit u/s 23(2) protection of women"
