VINOD VERMA (C E O) 14 April 2014

Hindu marriage act

under section 125, a female has been granted mantainance allowance of Rs. 2000.00 for herself and a further Rs. 1500.00 for her miknor daughter seven years old. Thje cases under 498A are pending against the groom and his brother.

when the las orderr was passed in Oct. 2012, the previous amountdue was worked out as Rs. 38,500.00 + Rs. 2,200.00 total rs. 40,700.00

Now in the execution application u/s 128 the groom is harassing his seperately living wife with depandant daughter. Can the judge order forimmediate payment of the entire balance amount in one go ort failing the same, can he order for the detention of the groom in civil imprisonment. please advise.

Can the female again apply for enhancement ofthe mantaince amount in view of the higher cost of living and the education of her minor girl child.

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5 Replies

Dr J C Vashista (Advocate) 14 April 2014

Yes for all three queries raised by you i.e.,the Court can order for payment of the entire balance amount in one go or in parts failing the same the Court can order for the detention of the husband/judgment debtor in civil imprisonment.

The wife shall have to file fresh petition u/s 127 Cr PC for enhancement of the amount in view of the changed circumstances such as higher cost of living and the education of her minor girl child.

Laxmi Kant Joshi (Advocate ) 14 April 2014

move an application to release balance payment /arear from your husband court can pass order for that , to enhance the maintenance amount file an application u/s 127 crpc .

Anand Bali Adv. (Advocate Solicitor & Consultant) 14 April 2014

Dear Friend,

In case the judgement Debtor is not paying the maintenance charges to the wife and his minor child it will amount to the disrespect of the court order and he can be charged separately for that if the court finds fit. Court can direct him for the one time payment of the all pending dues of the maintenance on one go or by the certain installments and in want of that also can issue inprisionment order under civil suit.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Delhi High Court & Other
District, Tribunal & Consumer Courts.
Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Ph: 09582144748

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 14 April 2014

iT SEEMS YOU ARE JUDGMENT DEBTOR.

EVEN AT THIS DELAYED STAGE CONTEST THE LEGALITY OF ORDER AT SAME COURT AS WELL AS IF DELAYED AT HIGHER COURT.

THERE ARE STILL MANY LOOPHOLES IN THE LAW AND ANY BODY CAN GET RELIEF BY PROPERLY USING THE AVAILABLE PROVISIONS EVEN FROM THE GENDER BIASED LAWS.

T. Kalaiselvan, Advocate (Advocate) 14 April 2014

As per the provisions of section 125 sub section (3); If any Person so ordered fails without sufficient cause to comply 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[ 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.

The enhancement can be applied for under the provisions of section 127 of teh same act