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Raj (law)     05 May 2014

1 month imprisonment for unable to pay maintenance

Sir, If the Judgment debtor ( in Domestic Violenc e/125 Crpc ) case failed to pay the maintenance to wife he is send to one month imprisonment..Please inform whether this imprisonment can be stayed by  court of session if there is alteration in circumstances??  Even after completion of 1 month in jail, if he still unable to pay the maintenance, how long he has to spend in jail??


 3 Replies


Apply in lower court for alteration of order due to changed circumstances for reducing the maintenance.

Gautam Kapoor (IT professional Studying Law)     06 May 2014

@Raj - how many months arrears you have.You can Pm me with correct details to be advised better.

Adv k . mahesh (advocate)     06 May 2014

what was the reason for not paying maintenance and does have you not contested the non payment of maintenance before for decrease because court will decide as per your salary and your evidences 

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