Subsistence allowance
Kiran
(Querist) 21 February 2012
This query is : Resolved
Dear Experts,
I have read in the forum that if husband goes to jail ( one month) for not paying maintenance to wife, then wife have to pay subsistence allowance to court.
What is that .....
Kiran
(Querist) 21 February 2012
Mr. Nair its not an academic query. If it would be academic I would have got from text book.
venkatesh Rao
(Expert) 21 February 2012
Learned experts,
Pl. keep mum if you dont like to answer. How on the earth it would be an academic one? It is very interesting question.
dear Kiran,
The husband (respondent in your case) has been adjudged to pay a certain sum towards maintenence of his wife. He fails to pay. Distress warrant will be issued to the collector of the district for recovery of dues as if it were the arrears of land revenue. Suppose he has no property, then warrant of arrest for non compliance of the order will be issued and he will be produced before the magistarte. If he still fails to pay he will be sent to CIVIL PRISON and the expenses of his lodging there will have to be borne by the party (Called Subsistance allowance) at whose instance the party was sent to civil prison.
Remember, even after serving one month, the amount due will not be written off but still remains due.
kranthi kiran
(Expert) 21 February 2012
question of deposit of subsistence allowance arises only after the arrest of Judgment Debtor in Execution Petitions. No need to pay any subsistence allowance in 125 Cr.P.C Procedings.
Kiran
(Querist) 22 February 2012
Thanks a lot Mr. Rao
God Bless
Does it means that wife has to pay subsistence allowance....
venkatesh Rao
(Expert) 26 February 2012
Yes, the wife has to because at her instance the husband stands arrested, but not on any criminal charge.
V R SHROFF
(Expert) 26 February 2012
Rao explained well;
So after winning 125, instead of husband, wife have to maintain him in jail~~
The Law provide for starvation of wife& children , and from where poor wife will get money to pay for husband?? Wife has to run from pillar to post executing distress warrant & pay for him. Is the Law./ Govt/ justified Mr. Rao. ?
Once in jail, Govt servants like you, loose their job, so all fl;y member starve after that, who is benefited? only Advocates!!!
Kiran
(Querist) 27 February 2012
Thanks a lot Mr. Rao
venkatesh Rao
(Expert) 01 March 2012
Mr. shroff,
It is the law and we are bound by it until amended.
