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bharath.h11 (Insurance)     18 November 2018

Sec 125 crpc - consequences on not paying maintenance

I was defending Maintenance case last 3 years. My wife was asking maintenance from me, i counter was that, My wife is capable enough to maintain her for which i referred her original petition that she stated that she is inherting assets from her father and shw also own 100 pouns of gold (seriously, i dont think, you beleive that she stated in her original petition). But at end, Magistrate awarded Maintenance for sum of INR 10,000/-. (6000/- for my wife and 4000/- for my child) from the date of petition (since 3 years, the total amount is approx. INR 3,70,000). After the jusdgement made, i came to know that she is going for work and earning for the last 1 year (as i am from different town, i have not much information about her after seperation). And, she is having some gold jewels worth INR 3,00,000/- which i gave on the occasion of marriage (i dont have any of her money or gold) for which she accepted during plaintiff cros examination that she is still having the gold which i gave her. But, unfortunately these jewels informations are missing in the judgement. The court gave to 2 months to pay the maintenence amount due till date and ordered to pay maintenance on monthly basis. But, i haven't paid any maintenance till now since the judgement made a month ago. My question is: 1. How can i proceed to tell the court that, she hide the information about her employment and earnings (I only know, where she is currently working)? 2. How to claim my gold jewels from her which she accepted during the plaintiff cros examination? 3. What are the consequences if i am not paying the maintenance due even after the said period of 2 months?


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 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     18 November 2018

Maintenance not giving means, they give time, asks the opposite party to give proof of property, bank balance etc. Then judge will ask you that you'd like to go to jail, ie by issuing arrest warrant. If then also you dnt pay your assets will be attached

1 Like

Shashi Dhara   18 November 2018

U appeal to highercourt .

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