He is in jail

query - not clear

Jail is free no expenses - all expenses paid by government. Nothing required to be paid.

COME CLEAR WITH FACTS. 

That is vague!!!

 

I have never heard for a Jail based on a breach of maintenance order.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

are you talking about civil prison?

 

Yes for civil prison wife wold have to pay

 

I know one of my friend, court has order for interim order to pay rs 1800/- from 2007. Arrear is Rs 1.25 lacs. his education was only upto 12th. he was working with a truk and earned only rs 2000/- . Since its a local job and he was not able to produce service certificate , court not considered this income he assumed that minimum wages and interim order to pay rs 1800/- per month in 2011 with arrear to Rs 1.25 lacs. 125 execution filed by her. And his income was so less and that time he depressed nothe leave the job. He has no property and job less. court order to send jail for 1 month . After expiary of 1 month court asked to pay rs 1.25 lacsand due to unavailable of fund he again send for 1 month and after 1 month he again send for 1 month. Now he is in jail from last 80 days due to her wife. His parents is so old ages and not able topay the money . due to very less pension. whole family members also facing the 498a and others.

 

 In jail his fooding is free or to pay? and who have to pay and if not paid what will happen. I want to take out of my friend from jail. how can I help him.

earniong just Rs 2000/-nd affording matrimonial dispute? 

Originally posted by : Sun Roy
	I know one of my friend, court has order for interim order to pay rs 1800/- from 2007. Arrear is Rs 1.25 lacs. his education was only upto 12th. he was working with a truk and earned only rs 2000/- . Since its a local job and he was not able to produce service certificate , court not considered this income he assumed that minimum wages and interim order to pay rs 1800/- per month in 2011 with arrear to Rs 1.25 lacs. 125 execution filed by her. And his income was so less and that time he depressed nothe leave the job. He has no property and job less. court order to send jail for 1 month . After expiary of 1 month court asked to pay rs 1.25 lacsand due to unavailable of fund he again send for 1 month and after 1 month he again send for 1 month. Now he is in jail from last 80 days due to her wife. His parents is so old ages and not able topay the money . due to very less pension. whole family members also facing the 498a and others.    In jail his fooding is free or to pay? and who have to pay and if not paid what will happen. I want to take out of my friend from jail. how can I help him.

Chalo koi gal nai.

No court would keep a person for not coughing up money for a lifetime.

What on earth would any court do to a man who is pauper?

Crush his bones, extract money from the bones is it?

Already in prison, few more months and fed up the judge will let him go, saying why the hell did you marry a person who cannot earn money.

Yes if wife is capable of earning, and husband proves it in court or the woman herself agrees, then she will have to pay money to the husband.

Why didnt he not go for an appeal to lower the price?

Should have told in an application or memo that I earn this much, attach some employer certificate stating salary he recieves, if had done that would not have compounded to lacs of rupees.  Now going to HC also useless, they will set aside  stating that you dint ask for readjudication of alimony in lower court, so cannot do anything now.

but could have asked for readjudication of alimony based on change of circumstances in 2008 itself, that also dint do.  each year alimony has to be asked, and has to be fixed and paid accordingly.  Doing nothing, simply going there and standing with sorry face, what use.

Few more months and theyd let him go 

@Author,

 

I suggest that you appeal to a higher court against this court's order. Every human being has a right to be heard. If you friend cannot afford a lawyer's fees then you can help him to approach the Legal Assistance Centre located at every District Court and even at High Courts. The govt. provides Free of Cost legal assistance to such citizens who cannot afford the fees of a lawyer.

 

In my view, you case falls under the category where bail has to be treated as a right for your friend and he should be immediately set free. What our courts in India are lagging is their foresight in Matrimonial Cases. They forget that once a party to marriage is spanked, the marriage goes into irretrievable breakdown and can never be reinstituted. Who would like to bring such a woman back to his house who sends him to jail for no fault? A person who is not able to maintain himself, how can he be directed to maintain his wife? Why not wife maintain him instead and for non-compliance sent to jail?

 

All the best!

 

 

--------------------MISC. COMMENTS--------------------

 

This is the apathy of the Great Indian Judicial System. The whole system is tilted towards the real culprit and those innocent strives behind bars for justice.

 

In another glaring case reported few days ago in Times Of India, Supreme Court brought end to a 10yr old Matrimonial Dispute. The marriage only lasted 2days but the battle lasted 10yrs and ended with the husband paying Rs.15Lac as Alimony. This is so frustating yet so difficult to understand that what a wife would have lost so precious in 2days which husband paid by spoiling his whole life, his precious 10yrs and finally Rs.15Lac? The case went so awry that the wife alleged that her mother-in-law forced her to sleep with her father-in-law, which eventually got proven a flase allegation.

 

We only have a system to punish but not to prevent. We do not have a tab on the core issues and turn a blind eye even when we see an innocent is being crushed under the burdon of errant law.

 

Law is for people and people are not for laws. Laws were instituted to bring harmony in the society but with times, the system has turned into a shop which compels people to keep visiting so that the shop doesnt shut-down.

 

Unless the "MOTO" of law in any country doesnt change to have "ZERO" pending cases, the whims & fancies of the brokers of law would keep the innocent striving for justice.

 

//peace

/Saurabh..V

Echo echo Saurabji.. welcome back seeing you after long time

Dear friends,

I want to know when Husband has zero property on his name.His salary is not enough for him due to present scenarios.

Due to no saving he was not able to give wife maintenance till so and so months which accumalated and became in lakhs.  When Husband did not pay maintenance it means he will go in jail for 1 month.

Experts I request  to clear my dobts regarding:

1) After going in jail for month that money in lakhs will be waived off I mean wife can not claim for that previous maintenance amount.

2) When Husband in jail for 1 month that 1 month maintenance if paid by Husband's well wishers will Husand come out after one month?

3)For coming out after 1 month, I believe he don't require any bail etc.

@ Mani Even i heard if maintainence is not paid then husband will go to jail. Even if RCR decree is enforced by wife and she attaches husbands salary on non execution ...and husband leaves job..then also i heard he will be sent to jail. For how long i dont know that. But if a person is not honouring a courts decree then he is not entitled to seek any sort of relief from court.

@ Charu, yes, true on both decree, possible. However,

there are two things 1) If husband is leading luxurious life post leaving job and failing to maintain the order then he will be sent to prison for a month and upon release he would be asked to pay arrears. Maximum one month each time he failed to pay it.

2) But if husband is unable to pay, what courts can do? they cannot keep on putting in priosn for lifetime, at one stage they will be released under practical situations