What will happen if Husband refuses to pay Maintenance


What will happen if husband resufues / Not paying maintenance after court is passed the order.

Will it affec the 498A procedings , will they sent husband to jail , if yes how many years .

 
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Self employeed

As per my knowledge if husband dont pay maint for 1 year then court will send him to jail for 1 month. If he doesn't pay 2 nd one year also then court will send him to jail for 1 more month. If he doesnt pay for 1 more year and if his wife wants to send him to jail then she needs to pay money to court to maintain her husband in the jail.

 

However this can be vary from cases to case and judge to judge...

 
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@kiren kumar

yes, he will go to jail and in morning eat chai biscuit or bread and after that lunch etc.

Many who dont have money go to jail ,live well and enjoy the jail life.

 
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Not Applicable

SO basically our system wants them to taste jail so that after that they cannot be expected to be any more docile and decent ? Is a wonder that in this country, being educated and capable is the best qualification to put you in jail ... Its a shame !

 

The NO TOLERANCE society that these so called "womens' rights" people have created will do much more harm as now everyone in the family will be weaving plots against the others. This has spoilt the family culture altogether. There was a time when both husband and wife wished to fulfil each others wishes and those of their children. Now they have made sure everyone thinks about himself / herself thinking that there is no durability in his / her relationship anyway.

 
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Serious reply please according to the Law ....

Thank you

 
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Not Applicable

Ok... in that case, there can be the following situations :

 

1. If he is in Delhi, according to the recent rulings, he cannot be jailed for more than a month. This cannot affect 498 A case

 

2. IF he is in Gujarat, "Contempt of Court" proceedings can be initiated against him and he can be fined and jailed even if he is jobless and CANNOT pay. This jail term can be of any length even upto 6months have been observed in some Guj orders.

 

3. In other states, depending on case details (wife's capability to earn / education / merits of the case/ section in which maintenance order is passed etc) ... consequence will differ a lot.

 

Kindly mention the section and case details for in-depth analysis ... Also mention the state where this case is going on ...

 
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Senior Partner

@ Author

1.
Jail is a choice not persuasive option as you are made to believe here by so called expert.


2. Your que. itself is wrong to give any serious reply first of all. Without briefs like what were the facts of both and what are operative paras of the Maint. order putting here a moot court que. does not solve your own purpose as I suppose you are a client / litigant not a law student here to throw on us a moot court que. with some flimsy lines out of bare newspaper reading or and whatever.....


3. If you want serious answer become strive to become serious with your presented briefs before us too.


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Fighting Frivolous 498A case

I would like to mention quote (slightly twisted from original version ) by Tajobsindia

"Saat fere liye hai to maintenance to banta hai".


What is exact reason of non payment of maintenance ? If possible counter it legally may be a stay or revision of order.

 
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My wife filed under 125Crps & DV

I am from Karnataka

 
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Not Applicable

Regarding interim maintenance in DV Act, husband's "capacity to earn" will matter a lot. Now another question, ... Is she earning ? ... Is she well educated and has she earned in the past ?

But in CrPC sec 125, if she is capable of earning and highly educated, and you can prove that she has deserted you, there is no possibility of maintenance. 


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