Suraj Kumar (Manager) 30 December 2021

125 crpc case

Myself awarded maintenance for me and my child.

My husband file child custody case which is pending.

He pays 70% of the maintenance amount.

I file execution case

In objection of execution case he state that he want to maintain child and he never neglected the child and refused to pay arrear. He is a government servant. He is so adamant that he even verbally pray to send him in jail. He further accused the judicial system for awarding maintenance and causing mental torture by saperating him from his child.

He further blackmail the judge that if court further pressing him he will accept all charge of 498A and other cases and go to jail and by this way he will end all cases.

How can I maintain my child ?

Please help

Reply Follow

5 Replies

Real Soul.... (LEGAL) 30 December 2021

Dramatic ; Such a drama never yealds any benifit, he still shall be in arears that will heap up. Juts file the execution and attach his salary account, make his employer a party and get the maintenance of child, These hollow things neer work and even he will be in more trouble.

Advocate Bhartesh goyal (advocate) 30 December 2021

Your husband can not refuse to maintain you and your child.You and your child are entitled to get maintenance as per court order and he is liable to pay the same .Get executed court order for maintenance and if hr does not pay the maintenance allowance then get attach his salary.

SHIRISH PAWAR, 7738990900 (Advocate) 30 December 2021

Hello,

You have already filed execution petition so proceed with the case. Get the salary attach from court. If he is ready to go to jail then also he is not escaped from maintaining the child.

Suraj Kumar (Manager) 30 December 2021

If my husband will go to jail, then he will be dismissed from service and will not get salary / pension etc.

I have heated that, he is decided to go to jail and therefore hide himself by changing address.

How can I survive ?

Anaita Vas 14 January 2022

Under Section 125 of the Criminal Procedure Code (CrPC), 1973, a man is required to provide maintenance to his child and wife after divorce. If he has the financial ability to support the child but fails or refuses to do so, a first-class magistrate can order him to pay a monthly maintenance amount which is sufficient to take care of the child. If he fails to comply and the woman files a petition within a year of him failing to do so, the magistrate can issue a warrant for levying the due amount which is sufficient to take care of the child. If he fails to comply and the woman files a petition within a year of him failing to do so, the magistrate can issue a warrant for levying the due amount and can even sentence him, after the execution of the warrant, to imprisonment of up to one month.

Besides, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, a Hindu male is required to provide child support, whether the child is legitimate or illegitimate. Hence, after divorce, a woman can file a petition under these two laws in the family court with jurisdiction over the area where she and her child stay, whether she is divorced or separated. Also, while any woman irrespective of her religion or caste can file under Section 125 of the CrPC, only Hindu women can file under Section 20 of the Hindu Adoption and Maintenance Act.

Regards,

Anaita Vas