Interim maintenance

Chiran sharma's query is very interesting: Since it ia a rirght of the wife to receive maintenance, it is purely personal right created by an order of a competent Court and is not assignable by the wife, and it is not liable to be attached in execution of a decree for money like judgment debtor. Now, the husband on becoming insolvent, if the Magistrate put him in prison, Question is, whether the imprisonment of the husband will be civil prison or criminal prison? If it is civil prison who will bear his expenditures in jail, the wife or the State? Now, the proceedings under 125 CrPc is civil proceedings, but the nature of the Court is Criminal and colour of the Court can not be change to that of the Civil Judge, if that is ight, can we hold that the imprisonment of the husband is criminal prison?

N. K. Assumi sir..........please write in layman's terms so that i can understand what u r saying........else please dont anwer any query...........we are not advocate .......so at least write in simple language.........i just wanna ask how the court checks the last income proof of a husband and what it the procedure that court follows to check the income proof of husband if wife party is unable to show any proof of husband employer or salary

Chiran, your question is very important for lawyer and I am harping on that aspects. Regarding your query, the poceedings is Judicial procedings and Magistrate knowledge alone is not sufficient, and evidence has to be recorded by examining witnesses. The Magistrate can not pass order without recording evidence of party and witnesses like a ministerial acts, and I am sure Magistrate will act in that manner.But if the order is passed with the consent of parties such examination of evidence will not be necessary.

thanks N.K. assumi bro