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MUKESH GUPTA   06 May 2022

Maintenance allowance

Sir
If a person do not pay maintenance and he do not have any property/bank deposits to be attached and person stops appearing before court,then what can we more consequences.The party is infact blackmailing and demanding Rs 20 lakh.I offered 10 lakh out of max capacity to pay.I am in govt job and planning to leave it.Kindly guide me


Learning

 4 Replies

Shashi Dhara   06 May 2022

He can take voluntary retirement ,  , pension cannot be attached ,, he may be kept in jail only.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 May 2022

Remember, not paying maintenance is a criminal offence and the respondent can be fined or imprisoned for up to 1 year, or both.

Divya Vijayan   06 May 2022

Hello sir!

According to Section 18 of Hindu Marriage Act, it provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime. She is entitled to make a claim for a separate residence, without forfeiting her right to maintenance. The purpose and object of Section 125 Cr.P.C. is to provide immediate relief to an applicant. An application under Section 125 Cr.P.C. is predicated on two conditions :

  • the husband has sufficient means; and
  • “neglects” to maintain his wife, who is unable to maintain herself.

The husband may be directed by the Magistrate to pay such monthly sum to the wife, as deemed fit. Maintenance is awarded on the basis of the financial capacity of the husband and other relevant factors.

Section 125(3) of the Cr.P.C provides that if the party against whom the order of maintenance is passed fails to comply with the order of maintenance, the same shall be recovered in the manner as provided for fines, and the Magistrate may award sentence of imprisonment for a term which may extend to one month, or until payment, whichever is earlier.

SHIRISH PAWAR, 7738990900 (Advocate)     06 May 2022

Hello,

In your case court may pass an order for attachment of salary for recovery of maintenance or you may be sent to jail. 


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