Punishment for non payment of maintenance in dv case

Why don't you can ask your brother to file an injunction notice asking her to leave the place.

If you want her to come back to you, you can file RCR, if she refuses then court will give you divorce with minimal maintenance.

Sir, could you plz answer the other part also

i.e.

What are punishment by law if I do not abide by the maitennce order ?

Should I have to go to jail every month I deny maintenace or is it once in a life? How many times I have to go to jail?

I can not fight the case for long as I do not have much financial capabilty. It is economic for me to accept jail than to fight ?

If you want your wife to stay with you than state to the judge that you are ready to keep her with you . When you state that you are not ready to keep her with you than the judge would order you  to provide you with a rental accommodation .

Next .

1. you have stated that you have your own house .

2. you have not disclosed the fact if you are working and your wife knows your place of work or your employer .

3. if you are into business than your assests can be attached , 

When maintenance order is awarded ,and the same is not followed than

a) The court can attach your property until , unless you pay the maintenance .

b) The court can order your employer to deduct the amount from your salary and pay it to her . 

When all the above options have failed than the question of going to jail comes into picture one month for every default u/s 31 of DV act .. 

1. By the way whats your age i hope you are not young else you may get sodomised over there since everything is available except s*x . 

2. Cigrates and beedies can be made available . 

3. Calls can me made on the quite . 

4. you can pay and have good food . 

This is not my experience but what i have heard from people once you finish your first term in jail do let us know your experience on this forum :-)

Sir,

I do not have any property or asset. My father has some who is alive. I am around 40 years and earn very around 5 k in petty odd jobs which I have submitted to the court. However, when I was staying with her we could manage our ends. I had some saving which got usarp in the case itself. She is staying at one part of my brothers premises where I was allowed by him to stay when he was on job outside. Now he is asking to vacate. I am ready but she is not and my brother has filed civil suit to evacuate me and her though I am not staying there. As she is not allowing me to come there, I have to live on a small platform outside my father's house and depend on occasional home food from sisters and other brothers and father. She is demanding 10 Lakhs and sometime more from my brother to vacate the premises.

Plz suggest.

Mohsin,

why do you think your wife is behaving this way?

In fact she belonged to very poor family in village and though my father was well-off then, they got her married on very sympathetic ground as my parents have been helping them since long and both families were relatives. She has high expectations out of me and in fact was jealous and envious of my brother who is engineer and well to do. My brother helped me a lot and provided his own house for my family till I find suitable accomodation. He was ready to help me purchase the house also. But I can not afford purchase the house in city in the same location and planning to purchase one in suburb of Mumbai. She is not ready to go out. She has created a good network of begging from relatives, friends, neighbors etc there by narrating her false stories and declaring me absconder. In mumbai, ppl do not enquire deeply, they just want to offload their zakat, alms etc. She earns almost 10 -15 k month from such sources and her 2 brothers working abroad, and brother in laws ( bahnoi) provide her good clothes and accessories she longs for. We have 3 children but all are now in the same color. They abuse me and want to live free lifestyle which they can not have when I have with them. If I stay with them she can not stage the drama. They are not interested in respectful life but an affluent life.

Even I called her mother from native place to settle the dispute and it was agreed that I shall buy a house in Mumbai Suburb in joint name of me and my son. But next day she refused. In court mediation also she accepted but next day she refused. Tried with ppl from relatives and society but she is not ready. Now she is interested only 4 things. Not to leave my brothers premises. Harass everybody and get a handsome money, Get mainenance from me as it would be an extra for her. Revenge me as I can not go against my brother who actually brought me up and had been helpful careful to me all the way. It is extreme mental torture on me. And all she got the courage and idea from the law made to ruin the families.

You don't  worry about the any amount of false cases filed by her.  Challenge them properly.  In the maintenance case, if you fail to pay, she may file petition for recovery and upon such default, the court may pass appropriate orders, by which you will come to know about the details of convictions in the sentence.   Fight the case properly with the help of a good lawyer.

Dear Expert,

Can wife claim maintenance under DC Act from unemployed husband, senior citizen mother in law/ father in law,sister inlaws? 

Can a wife claim maintenance under DV Act from unemployed husband,senior citizen inlaws & sister in laws?

Wife can claim maintenance only from her husband and nobody else. As per Hindu Marriage Act, a husband is required to maintain his wife and children during his lifetime, divorce or not.

Courts knows "It is a general tendency of husbands to deflate their income when time comes to provide maintenance to their wife and child. In such circumstances, many a times courts have to do some guess work", they will consider the last income of the husband before being unemployed, his financial status and assets and will decide on maintenance.
 

However, if a husband is able to prove convincingly that he cannot earn due to handicap or life threatening disease, then the court will definitely consider these facts and reduce maintenance accordingly and in extreme case may waive off the same.