Maintainance

Aashish Satpute. (Querist) 06 June 2010 This query is : Resolved
1.Father is orphan and having custody of 6yr boy,fathers monthly income is rs1500only.And unable to pay interim maintenance rs1000 was ordered on april09 by family court, 2.wife deserted husband and child and husband ready to live with her.MY QUESTION IS THAT WILL COURT PUT FATHER AND CHILD INTO THE JAIL AND WHAT WILL BE THE REMEDY?

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Arvind Singh Chauhan (Expert) 06 June 2010
Action may be taken against father but not against son in proceeding for the recovery of interim maintenance. Try to prove in suit that she has no sufficient reason to left her home and she left on her own will.

adv. rajeev ( rajoo ) (Expert) 06 June 2010
I do agree with arvind and my suggestion is that why dont husband file a case of Restitution of Conjugal rights.

Raj Kumar Makkad (Expert) 06 June 2010
Insufficiency of means is no ground available with husband at the time when the order has been pronounced. If he wants to file an appeal, he may do so before High Curt and he can also be provided with free legal aid keeping in view his economic condition subject to his application.

Son has nothing to do with the maintenance of his mother so he cannot be thought to be sent in jail. Father can take the plea of custody of child and further that if is sent in jail, none is available to look after such minor child aged only 6 years. Court may consider such plea also while disposing of the application of her wife seeking recovery of arrears through warrants.

Guest (Expert) 12 June 2010
FILE WRIT PETITION TO THE HIGH COURT FOR STAY AND QUASHING THE ORDER OF INTERIUM MAINTAINENCE.PRODUCE ALL DOCUMENTARY EVIDENCE REGARDING FINANCIAL CONDITION OF HUSBAND AND TAKE OTHER GROUNDS WITH THE HELP OF LEGAL EXPERTS.
YOU WILL SUCCEED.
THANKS.

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