Tarun Dhingra (Advocate) 12 February 2011

extension of punishment for nor paying maintenance

Hello everbody

My quary is regarding extension of Punishment for not paying MAINTENANCE

Take one example , A is wife of Z . and Court order to Z to pay mainteannce Rs1500 per month . But Z does not comply with order of paying Rs1500 ultimatly He is sent to jail for one month (and he is not holding any salary account and any property so attachment is not possible to avoid the punishment ) . and According to Cr.P.C 125(3) He can be punished by the way of simple punshiment upto 1 month or UNTILL PAYMENT IF SOONER MADE . Now my qaury is that---->

1.whether this one month can be extended futher by the Magistrate

If yes upto what extent ?

If not wheter Will he be relasesed ????

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2 Replies

ADV Rajesh KASRIJA (ADVOCATE) 13 February 2011

R sir,

The above mention punishment is only for one time maintenance. When we file execution for any specific time the punishment for one month only in one execution. We advocates file executions for short periods i.e two months, three months. The punishments are separates -2 for every executions.

Adv Kasrija

09855714554

1 Like

Tarun Dhingra (Advocate) 13 February 2011

it means where mr Z dafault he will be punished by way of simple imprisonment and AFTER one month he will be released . and pettioner lawyer will have to file excution and magistrate will order again by way of simple imprisonment IF DEFAULT CONTINUE .M I GETTING U RIGHT . IF NOT

PLS EXPLAIN WITH SOME EXAMPLE .

AND ALSO TAKE EXAMPLE OF THIS IF PETTIONAER LAWYER FILES EXCUTION OF ORDER OF MAINTENANCE WHICH IS FOR THERE MONTH 1500*3=4500

HOW MUCH PUNISHMENT WILL BE GIVEN 1 MONTH OR 3 MONTH ???

AND IF FROM 4 MONTH Z IS READY TO PAY . THEN

HOW MUCH AMOUNT WILL BE RECOVERED FROM HIM

1500 OR 1500*4=6000 PLS REPLY

THANKS