rajesh 23 June 2015
Dear Experts,
I filed RCR against my wife and she replied with 24 HMA application.
I am confused with whether or not section 24 HMA is a punitive section.
Some experts say that non-payment of 24 HMA maintenance attracts punishment whereas some say that there is no punishment but the only consequence is that RCR gets dismissed on non payment of maintenance.
What is true?
Kindly, clarify me.
Thank you
Raj
Adv. Chandrasekhar (Advocate) 23 June 2015
No. It is not punitive. But it can be enforceable by execution. In the execution if the husband refuses to pay, then he can be sent to prison till execution is carried out.
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