Maintenance u/s 125 crpc
sachin sharma
(Querist) 14 February 2018
This query is : Resolved
Hi, One of my client is in Jail for the last 40 days as he is not making payment towards the ex-parte maintenance. Initially he did make some payment but as the ex parte maintenance amount is more than his monthly income, he is not in a position to pay it. Maintenance was decided in Jan 2016 and huge arrear is accumulating. Because of his pauper condition, legal aid counsel was assigned to him who didn't manage his case correctly. Revision too was dismissed by the High court as it was ordered to clear dues first. I have recently taken his case and me too a fresh advocate. I have planned to file a writ petition then SLP if writ too gets rejected. If anyone from this forum can guide me for the next course of action or if I m adopting a right way. I just want the ex-parte maintenance to be reduced and him to be out of prison.
Vijay Raj Mahajan
(Expert) 14 February 2018
He can afford to engage new lawyer but cannot pay his maintenance dues, very funny. The trial court which passed order for maintenance must have based it on the income of both parties in question, it's not possible that the court would not have served him notice to reply for maintenance petition and passed ex-parte order just like this.
The person purposely avoiding and ignoring court summons is to be blamed himself not other's. You must come to court with clean hands and not take court proceedings for granted as most high headed people do.
I will just suggest you to take your fee otherwise no using fighting cases for him free of cost.
Vijay Raj Mahajan
(Expert) 14 February 2018
He can afford to engage new lawyer but cannot pay his maintenance dues, very funny. The trial court which passed order for maintenance must have based it on the income of both parties in question, it's not possible that the court would not have served him notice to reply for maintenance petition and passed ex-parte order just like this.
The person purposely avoiding and ignoring court summons is to be blamed himself not other's. You must come to court with clean hands and not take court proceedings for granted as most high headed people do.
I will just suggest you to take your fee otherwise no using fighting cases for him free of cost.
sachin sharma
(Querist) 14 February 2018
Sir, his younger brother use to work with me few years back, that is the reason he was asking for my help. His wife too was living in the same house at another floor. House is in the name of his father, who has recently got eviction order against both of them. There was a settlement in 2012 in family court, however she continued in the proceeding while he was under impression that proceedings stopped. He came to know about the ex-parte order when execution summon reached. It may possible that she was hiding the summon. In family disputes, everytime husband is not at fault. She has filed rape case also against all the male members of his family including 80 year old father.
Kumar Doab
(Expert) 16 February 2018
If spouse in jail is pauper then spouse may not be able to pay arrears and fee….until someone rises and agree to provide him funds and pay to be out of jail.
The stance of courts and judge may matter.
Request the court to reduce the amounts.
The following may be usefl…
Punjab-Haryana High Court
Sunit Kumar vs Rita And Ors on 25 March, 2013
CRR No. (F) 9 of 2013(O&M)
In other words, it is open for the court to award sentence up to a maximum of one month for each month of default committed by the person ordered to pay maintenance and the maximum limit of sentence of one month referred to in sub section (3) of section 125 of the Code will be applicable for each month of default. The maintenance claim has to be construed continuing liability which becomes due at the end of every month. So, the defaulter has to suffer imprisonment on each default to pay the maintenance. On undergoing imprisonment in default of maintenance will not wipe out the liability which shall subsist till the payment is made.
https://indiankanoon.org/doc/40715258/
Manish Jain Vs. Akanksha Jain
[Civil Appeal No. 4615 of 2017 arising out of SLP (C) No.7670 of 2014]
http://www.advocatekhoj.com/library/judgments/announcement.php?WID=8709
