Husband in jail, how much maintenance to wife?

is he convicted?

Has he been convicted u/s 49a A or is it just a arrest after his wife filed 498 A FIR and he would have to apply for Anticipatory . Bail ?? 

U/s 125 CRPC it would be based on his last earnings or if he has any assets on his name and he is unable to pay the maintanence amount ordered  than those assests would be attached . 

As regards to free facilities in jail 

1) free Accomodation and a long wait in QUE to get to the bathroom .

2) free Food ,tea, water .

3) Free Bed space .

4) on the quiet he can get his cigratees and access to a mobile phone but at a cost . 

5) I only hope he is not young else he may get Sodomised :-) 

Thanks for prompt replies from kind people.

He is planning to get convicted.

He do not have any assets and savings.

Stanley Ji,

Are you sure 1,2and 3 facilities are free of cost ?In metro city it cost around 8 thousand.

yes (1),(2), (3) are free of costs. and if sentenced for three year, he will come out in two years after making healthy body

If sentenced for three years then how can he come out in two years? ..Good character :-)

I do agree that his body will be healthy because no tension for false cases.

what do you mean by planning to get convicted?

does he want to enjoy jail hospitality?or is he really guilty?

pls enlighten.

Justice wheel is slower than jail period .

How much min/max earnings Husband will get in jail?

Will earnings in jail considered Husband's last earnings?

You are missing the point. When husband is convicted under nay other Section other than S. 125 CrPC and if any maintenance awarded and when same is Executed and still jailed Husband does not pay then maximum he is awarded is 1 month jail term for non-payment of S. 125 CrPC maintenance till that date.

Now arrears again pile up which is calculated from post 1 month jail term provided she again goes for Execution and again jailed husband do not pay then again maximum jail term awarded is 1 month.

Now here is a case by your own admission you say conviction under S. 498a and then went on asking if newspaper served with bed tea at jail or not and how much maintenance to wife – right. So if 3 years awarded under S. 498a then these 1 months awarded will only start after 3 years not concurrently (means not parallel) as per Law and for any metro wife to get this awarded concurrently till date I could not see one single Judgment from trial Court till Apex Court all that I have seen are few cases where husband without conviction under S. 498a was sent once to jail and then he came out he did not pay then again sent to jail and ultimately his wife gave up J

Now by now you might still not be knowing about your wife that is why you asked this otherwise so above three paras is what will happen if you really get conviction under S. 498a and S. 125 CrPC is awarded post conviction and so on so forth the wheel of Law moves / will – shall move not like the way you progressed this threads interaction.

I agree to @ Stanley 1 till 5 and they are reality and only experience allows such sharing J

My case no 498a. So even if i fail to provide maintenance, only one moth jail. Huh seems to be a cool option than fighting it via SC appeal.

Nice piece of info. Thanks Tajobs!!

Originally posted by : Mani-need -nuetral- laws
	My case no 498a. So even if i fail to provide maintenance, only one moth jail. Huh seems to be a cool option than fighting it via SC appeal. Nice piece of info. Thanks Tajobs!!

@ Mani jail period is for each month of nonpayment in case if wife goes for execution of non payment every month.

under execution of 125, husband will get maximum 1 month jail, however after 1 month again non execution and then again 1 month jail, its only upon the court that how many times he increases the time for jail. I am not a lawer but it happens with my friend who is in jail from last 45 days. court has increased the punisment 3rd time because he has no money to give up the arrears.

>GRIN<@Humour.Tajobsindia.Pvt.Ltd

I want to check if maintenance is pending from last 2 years and husband is not paying any maintenance from last two years. After going for 1 month jail will that pending amount waive off or He has to pay the arrear amount too?