| Originally posted by : Sakil Rai |
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Husband of my niece is living with a woman [with one daughter from her earlier marriage] without getting a divorce from my niece. My niece has a son who is at present studying in 9th standard in a reputed school. My niece did put up a case of maintenance for her son only. The case was settled in the district court and a judgement was passed during Sep 2015 for payment of Rs. 5000/- per month as maintenance w.e.f. May 2015. After paying Rs. 25000/- he has stopped paying the monthly maintenance amount. Mean while we came to know that a warrant was issued in the beginging of the year 2016 by the court to the police against him for non payment of the monthly maintenance. But till date we are in the dark as to the action taken by the police department and the court after the issue of the warrant. Husband of my niece is still living with his 2nd wife and they have a baby child, He is not bothered about the future of his son from my niece. We would like to request you to giude through for the future course of action to be taken by my niece, so that future of her son is not thrown into darkness. Further I would like to mention here that my niece is working as a teacher in a private school (8000-10000 per month?) and the salary she gets is just enough for sustainance of herself and her son and the cost of educational expenses are being met by her father, who is a pensioner. |
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Once warrant issued, if he is caught he will be taken into judicial custody, such can be managed also, he just need not be present at give address, thats all. Police will come enquire and go. If NBW issued, then court wont give bail if he is caught.
What is he has done calls for application under section 494 of IPC. File one application under 494 with pertinent photographs videos and get people to testify against him in court.
For money, simply find some additional job, give tutions. Vasooli warrant will be eternal issue from now on.
If he has any property (fixed assets) in his name such can be taken over by court or sold by way of auction and proceeds given to the wife if she makes appropriate application regarding the same.
The said kid is considered legitimate and has share in ancestral property of the father, though he cant claim share in self earned property.
The woman if she cant take take of the son, she can give application to court stating her inablity and transfer care and custody of the kid to the husband who happens to be natural gaurdian of the kid. Remember both can take care of the kid as it is their own son, this I suggest as wife is incapable of maintaining herself in available salary.
Other things that can be done is,
1. Join kid to govt school, free education plus free lunch.
2. Get additional job or do tutions.
3. Raise education loan in name of kid.
4. Handover custody to father.r
If father is caught and sent to jail, wife has to pay Rs 100 to jail per day for maintaining him in jail till whatever time court makes him to stay in jail.
