Ab (None) 22 February 2010

Consequence of non payment of maintenance

Dear Sir / Madam,

The lower court has granted a maintenance to the wife. The husband is not able to pay the said amount because of personal problems what are the consequences the husband will have to face, if he does not pay the said amount. I have read from the forum, that if the maintenance amount is not paid then the court has the authority to attach the property. We had asked a question earlier regarding joint property and the answer to it was that property will not be attached in any divorce proceedings. The answers seems to be contradicting, I would appreciate if the distinguished members of the forum would kindly clarify my problem as to whether the court can attach a joint property in divorce proceedings even in case of maintenance.

Regards,

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 22 February 2010

Joint property can practically not attached as no separation exists therein but on this ground the respondent husband shall not go scot free. he can be sent to jail for one month against the arrears of one month maintenance allowance as per prcoedure.

Ab (None) 22 February 2010

Thank you Mr Raj,

I appreciate your prompt response and thanks for the reply. I am not involved into legal matters and would appreciate if you could tell me what is the meaning of attachment of property as all people say in the forum?

Again thanks for the reply.

Regards,

Rajesh (*) 05 February 2011

If the man is unemployed for 5 years, medically sick, someone manages the child, has no property of any kind, no bank balance reserves, food-shelter assisted by retired parents; woman's income cannot be proved.

Would the man still be directed by the court to pay the maintenance to the woman ?

How would the court penalize the man, in this case, for non payment of the maintenance ?