Wife asking maintenance u/s 406
Bharat kasera
(Querist) 06 June 2014
This query is : Resolved
My separately living wife filed 406 for maintenance.
I am a B.Com graduate, salaried person working in a private shop. She claimed that I am earning 40k so need 20k as maintenance that is much higher then my whole salary.
I have no IT returns and have salary cum exp. certificate from my shop.
I am afraid if court favors a higher amount as maintenance then my capacity.
1. If I don't follow court order and don't pay the maintenance, how much punishment or duration I will be in jail?
2. Will that require 'bail' for me to be released?
Sorry for silly questions but it will really help to know the consequences in advance.
ajay sethi
(Expert) 06 June 2014
1) how under section 406 application for maintenance is filed?
2) you should have your income tax returns filed before income tax authorities .
3) in your reply to application deny that your salary is Rs 40,000 per month . obtain salary certificate from your employer ie shop owner and produce it in court
4) you can always file an appeal against order passed by court for maintenance
Devajyoti Barman
(Expert) 06 June 2014
406 is relating to her stridhan properties, not maintenance.
Check your case status and then get back to us.
Rajendra K Goyal
(Expert) 06 June 2014
Agree with the advise of expert ajay sethi ji.
Raj Kumar Makkad
(Expert) 06 June 2014
Section 406 application is not meant for maintenance. I presume you are forgetting the section.
Anyway, your salary slip shall duly be considered by the court while deciding the amount of maintenance and about 1/4 of your salary shall be given to your wife as maintenance amount subject to consideration of your liabilities and income of your wife, if any.
V R SHROFF
(Expert) 06 June 2014
better discuss with your Advocate, & read court case papers carefully,
mr. new member..
Bharat kasera
(Querist) 07 June 2014
Thank you to all experts for advice.
Yes, it is not 406, being panicked I forgot the section. My case is u/s 125.
Yes, I have salary certificate presented to court and other evidences like girl left my home 3 years back on her wish, she completed her post graduation after marriage, and a professional working women.
But judge seems not entertaining any evidence against girl.
I have no appropriate response from my lawyer and still looking your advice for queries below:
1. If I don't follow court order and don't pay the maintenance, how much punishment or duration I will be in jail?
2. Will that require 'bail' for me to be released?
Thank you in advance
Raj Kumar Makkad
(Expert) 07 June 2014
You should not go to the extent of preferring for jail instead of obeying the verdict of court. Even then if you are fond to opt for the jail then you shall have to go within jail for a month against the arrears of one month maintenance amount and this shall go on till you decide to clear entire expenses. Bail is also required for your release.
Nadeem Qureshi
(Expert) 13 June 2014
Dear Querist
if you are not obey the court order then court have power to issue arrest warrant under section 125 ( 3 ) crpc against you and send you to jail and the punishment will be one month for months maintenance.
Bail can not be grant before 30 days or without deposit tge maintenance amount.
Feel free to call
Bharat kasera
(Querist) 30 June 2014
Thanks a lot Nadeemji,
Recently family court ordered me to pay Rs.2500 per month interim payment to my wife she filed 498a and domestic violence in 2012. We got married in late 2008 (No Kids) I am only graduate (B.Com) and she is MCA, MSC & BSC and working somewhere which i am not able to find.
I was working with private insurance company and getting Rs.20000 but now jobless due to FIR and court issue i had to resign. and also break in carrier wont help me to get good job again. I need to start from the down line
1. Can I challenge or revise my interim maintenance as I am not earning and in present scenario I will be able to get 4000 per month?
2. In which court I can appeal against or for revision of the decision?
3. As due to financial problem I am not able to pay the amount of last two years in lump sum. Will court help me pay this amount in installments? Or give me some relaxation?
She also filed petition for divorce mentioning reason that we have demanded Rs.10 lac and beaten up for not providing dowry.
Please guide me how to proceed further to save me and my family.
Raj Kumar Makkad
(Expert) 01 July 2014
1. You can definitely file a revision petition.
2. Sessions Court.
3. Yes, it can be prayed.
Better to get rid of such female partner hence try to file mutual divorce petition which shall be a best option.
Bharat kasera
(Querist) 02 July 2014
ok sir...thanks..
but do I need to go to high court for stay or revision.
she already filed for divorce mentioning allegation that we have demanded rs. 10 lac and beaten harshly for not providing the same.
Now still I can file for divorce from my hometown when she has already applied in court for divorce
