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Sentencing the person to jail is a mode of enforcement and n

 

Sentencing the person to jail is a mode of enforcement and not a mode of satisfaction of the liability.

 

 A distinction has to be drawn between a mode of enforcing recovery on the one hand and effecting actual recovery of the amount of monthly maintenanceallowance which has fallen in arrears on the other. Sentencing a person to jail is a `mode of enforcement'. It is not a `mode of satisfaction' of the liability. The liability can be satisfied only by making actual payment of the arrears. The whole purpose of sending to Jail is to oblige a person 

liable to pay the monthly allowance who refuses to comply with the order without sufficient cause, to obey the order and to make the payment. The purpose of sending him to Jail not to wipe out the liability which he has refused to discharge. be it also realised that a person ordered pay monthly allowance can be sent to jail on if he fails pay monthly allowance 1without sufficient cause' comply with the order. I would indeed be strange to hold that a person who without reasonable cause' refuses to comply with the order of the court to maintain his neglected wife or child would be absolved of his liability merely because he prefers to go to jail. A sentence of jail is no substitute for the revocery of the amount of monthly allowance which has fallen in arrears, Monthlyallowance is paid in order to enable the wife and child to live b providing with the essential econo
https://www.lawweb.in/2012/11/sentencing-person-o-jail-is-mode-of.html


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 4 Replies

Adv. Chandrasekhar (Advocate)     08 November 2012

Many thanks Mr. Beni Prasad.

stanley (Freedom)     08 November 2012

I dont see sense in this post . Attaching property is fine at least the arrears can be recovered with the sale of the property .if a person is sent to jail from where would he get the money to pay the arrears as he wouldnt be even working and hence would have no income .As a matter of fact he would be living on the cost of the government .I dont understand what for my learned friend has apperciated and thanked in this thread .

Girish Agrawal (ITO)     10 November 2012

how or why then is imprisonment in lieu of non payment of fine levied?

Munirathnam (Scientist)     16 November 2012

If maintenance is not paid and if court send the person to jail how does that jailed person will look after his parents and dependents?

 

For one bi@@h (who prefers husband to go to jail) why other family members of husbad shall suffer? Will court has any responsibility in securing the other family members of the husband.... Court shall not destroy entime dependent family members to save one person.....

 

Its silimar to one story, in that 4 people were caryying one goat to kill it and eat. They one of the judge saw that seen and ordered to kill 4 men to save one goat....

 

Finally if court saves one at the cost of other family memebrs life destriction ...... namaste to the Indian Law and Judiciary.


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