Recovery of maintainance

vinod bansal (Querist) 23 July 2010 This query is : Resolved
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I am representing to wife in a case of 125 crpc,in default of five month payment of maintainance,husband has spent total five month period in Jail on different -2 dates. Now i want to know that whether i can still recover maintainance amount for the period of five month for which he has already spent five month in Jail one month for each default of one month)or i have only remeady to file civil suit for recovery of the said amount of 5 months.Thanx

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M Ravinder Babu Advocate Parka (Expert) 23 July 2010
still you canplease file regulararears petitions

Guest (Expert) 23 July 2010
Payment of JD amount or Jail for maximum 1 month for each JD Execution payment default is the maximum punishment he can undergo as per Law. Once done that (means been to Jail) you can't recover that period's amount which is settled principal of Law. Seems this husband is a tough case and he prefers jail but will not pay maintenance to his wife at any cost :-)

Devajyoti Barman (Expert) 23 July 2010
You can always file civil suit for recovery of the said arrears amount when the scope for enforcing the order gets exhausted by the CrPC.

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