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Simhan (manager)     05 February 2015

Maintenance

Dear all,

under DV -- If husband is not able to pay maintenace to wife it will become breach of court verdict,  if the court demands to pay Rs25,000 and husband is able to pay only 2,000 at the most what can be done? and if he is not capable to pay   and if husband does not have any propety or other income what can be done at the most.?  

Can anybody explain Arrest by police how long he can be kept inside jail??



Learning

 5 Replies

Arpan Vasudev (specialist)     05 February 2015

Your interest seems to be more to get ur husband arrested. If u have so much of problem with him take MCD

(Guest)

Even if warrant is issued and you get arrested, you wont be kept more than 1 year in jail.  In the mean time get a good medical certificate from govt hospital CMO to get you out of prison/avoid getting arrested which ever might be the case.


But     you can also pay whatever little you can if you dont have job etc to wife on each hearing date and get rid of warrant issue.

Adv k . mahesh (advocate)     05 February 2015

how come 25000 thousand was granted when you can pay only 2000 

what is the logic behind this explain 

if your husband is being jailed who will pay you the maintenance and from your query it is clear that he is not having nay property then what is the solution 

Laxmi Kant Joshi (Advocate )     05 February 2015

It is a hypothetical story , how court will order to a person to pay 25000p.m as a maintenance which is not even able to pay 2000 p.m, best go for mcd and search a suitable groom for you .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 February 2015

Dear Querist

if there is a interim order/final order in D.V.Case then the aggrieved party may file an appeal u/s 29 of the protection of women from domestic violence act-2005.

 

if husband is not able to pay the maintenance then the court may sent him to jail as per section 125(3) of Cr.P.C.(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 allowances 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 date 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. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

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