devang dedhia (na) 09 February 2015

Civil arrest for not paying interim maintainence

Hello,

My name is devang and i have being ordered to pay interim maintainence of Rs 4000 to my wife under domestic violence case filed by my wife on me where as i have no property in my name since birth also i sit in my dad business and help him but dont have a bank account in my name too since birth but still i have to pay 4000 rs . every thing incluidng business is in my dad name and i am sitting in dad business to help him .

my question is very simple what is the punishment if i say court that i dont have money to pay to girl as i dont earn anything and everything is in my dad name. as told by advocate i will be jailed which is known as civil arrest. my main QUestion is how many times will i be arrested for not Paying maintainence and for how long. Will i be arrested only once for not paying monthly alimony or every month for not paying her?

if I am arrested only once for not paying alimony can it be waived off for life time..bcoz i dont have money or income or property in my name at all.

Also my main question is we have filed a separate case for divorce..do I hve to pay her maintainence in both the cases ( divorce and domestic violence) i have seen cases in which man pays maintainence from 2 cases to same person. how is this possible..

pls help with right knowledge and answers...thanks in advance.

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5 Replies

venkatesh Rao (Retired Government Servant) 09 February 2015

Beg, borrow or steal; you have to maintain your wife. Arrears will have to be paid, otherwise, you may be sent to civil prison.

devang dedhia (na) 09 February 2015

Hi venkatesh rao

Thanks for your answer, but my question is very clear, How many times do i have to go to jail ??? Once or again and again and also is it true that court can grant mainatainence to same person from two cases for same reason...domestic violence and divorce. Bcoz i have seen some case in which boys pay maintainence to same girl in two cases..How is it possible? same person giving twice to same person.

saravanan s (legal advisor) 09 February 2015

Only once in case u fail to pay maintenance and maintenance can be availed either under sec 25 hma or sec 125 crpc

Jaya Pathak (Paralegal) 11 February 2015

Devang.... you are asking how many times will you go to jail and Saravanan Sir told you once but one other important question you have failed to ask is after going to jail once when will you come out or how can you come out. I think you will need to give assurance that you will pay or give a bond. Saravanan Sir, request you to please advice further...

devang dedhia (na) 11 February 2015

Hi jaya, I am not asking this question of how long is because I have read that civil arrest is max for 3 months... Also girl has to pay a deposit to put me in jail.. She has to pay my expense to be in jail.. But I fail to understand how once? If that is the case everybody will go to jail once and save there maintainence for life time... Can anybody throw light on this.. Also if u can mention ur qualification or justify ur answers by giving example...as I am getting confused by wrong answers.