Divorce and maintainence relation to property
Rahul Dixit
(Querist) 14 October 2012
This query is : Resolved
I am undergoing an ugly divorce. What will happen if i stop paying maintenance to my wife
Adv.R.P.Chugh
(Expert) 14 October 2012
If you have agriculural land buy you are not an agriculturist either yourself or getting it cultivated through someone else - there is no bar on it being attached in view of proviso to S.60 of the Code of Civil Procedure.
Rahul Dixit
(Querist) 14 October 2012
I just went through Section 60 CPC . . I am not dependent on it for my livelihood.
ajay sethi
(Expert) 14 October 2012
1)when did you stop paying maintenace .?
2) As per Section 125(3), Criminal Procedure Code, the wife shall have to file an application within a period of one year from the date on which it became due.
3)If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole or any part of each month's allowance remaining unpaid after the execution of the warrant to imprisonment for a term which may extend to one month or until payment if sooner made.
4)"The manner for levying fines is provided in Section 421, Criminal Procedure Code. Section 421 reads as follows :
"Warrant for levy of fine: (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-
(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
5)General Clauses Act defines the expression 'movable property' so as to include therein not only tangible corporeal movable property, but also the intangible movable assets such as debts, etc. a right to receive the salary and wages from an employer.
your moveable property can be atatched and osld for recovery of the fine
