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recovery of maintenance / arrears of maintenance

(Querist) 02 August 2008 This query is : Resolved 
In any case where the court orders interim maintenance, when the respondent husband fails to pay the amount of maintenance or arrears of maintenance, then the next course of action is to commit him to the civil prison. In that case, the husband will be sent to prison only if the wife pays beta for his food in prison. In that event, instead of the wife getting maintenance for herself, she has to pay from her pocket to maintain him in the prison. is there any efficacious remedy available for wife in these circumstances?
Srinivas.B.S.S.T (Expert) 03 August 2008
Hello Madam nice to meet you again online. I have gone through your query but what i didnt understand is that if the case of maintenance is under section 125 of Cr.P.C the question of committing the defaulter husband to civil prison and payment of batta doesnot arise. The Court will directly issue NBW and sent his to remand as is the case in Cr.P.C as the Section 125. IF you are talking about maintenance in section 18 or section 24 of HMA Act then the aggrieved wife can seek attachment of property pertaining to husband isnt it?
puneet (Expert) 03 August 2008
in a case u/s 125 of cr.p.c if the husband does not pay maintainance then the remedy is the attachment and sale of his personal property and the charge created on the property if the person does not have any property in his own name then the other remedy is nbw and in this casethe defaulter can b sent to jail in this case one month prison will b for each month of default
arunprakaash.m. (Expert) 04 August 2008
You can file petition for attachment of his salary, property.
SANJAY DIXIT (Expert) 27 August 2008
First tell us about the provisions in which interim maintenance is granted by the court.


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