What next ?
Aftab4u
(Querist) 16 March 2012
This query is : Resolved
Dear Experts,
In HC Judge awarded maintenance the husband is a private employee , now judge awarded maintenance of 75% of salary and the husband doesnt want to pay a single rupee to her and the husband is ready to go to JAIL ... my question is once he is put in Jail how many months or years the judge will send him to jail and after completion of the Punishment time once he is out of jail will he need to pay maintenance again ? already he has completed the punishment for not paying maintenance will Judge again give him same punishment again for the same crime.
Pls advise
ajay sethi
(Expert) 16 March 2012
if you were aggrieved with order of maintenace you could have gone in appeal. the court will not aawrd 75%^of salary .
thumb rule is around 30%. for every breach your wife will take out application . you will keep on ruining your life .
Adv.R.P.Chugh
(Expert) 16 March 2012
The 75 % attachment - seems to be not just for each months, but arrears must have mounted up. For each breach you can be sent behind the bars for a month, and and same process all over again
Adv.R.P.Chugh
(Expert) 16 March 2012
and mind you the liability does not cease on going to jail, as sending you to jail is not a means to satisfy liability but merely to enforce it coercively
adv. rajeev ( rajoo )
(Expert) 16 March 2012
You can challenge the order. But to keep him in jail petitioner has to pay the daily allowance to him, other wise he wont be sent to jain. His care i.e., food etc., wont be borne by the Govt.,
Nadeem Qureshi
(Expert) 16 March 2012
Dear Aftab
as per section 125 (3) Crpc
(3) If any Person so ordered fails without sufficient cause to company with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to just ground for his wife's refusal to live with him.
husband can file a writ petition against HC order before SC.
feel free to call
Shonee Kapoor
(Expert) 17 March 2012
The order can be challanged. As a rule around 50% of salary is deducted,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
