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ftmc_atfgrt (Analyst)     13 March 2012

Husband does not pay maintenance

what happens if husbdand does not pay maintenance? Is there any action that can be taken if husband leaves home country and goes abroad on a visa?
 



Learning

 18 Replies

Tajobsindia (Senior Partner )     13 March 2012

@ Author

Today's metro ladies are empowered enough to diffuse such shortsightedness on part of Houdini husbands in following doable sari, sindoor and glycerin acts before the concerned Courts.

 


1. A Execution Order is sought for payment of maint. arrears.


2. A Distress Warrant is issued in favor of lady to execute same via Jurisdiction PS.


3. Attachment of movable and immovable property is also an option.


4. Attachment of Salary from Husband's company / Govt. department (say work place) is another option.


5. Declaring P/O status of Husband is yet another option.


6. As per S. 10 Passport Act cancellation of Husband’s Passport is yet another time tested option before the Lady.



Now you tell us remedy to escape from any of the 1 till 6 and there cometh my click on 'Thumbs up' icon on your profile
J 

3 Like

ftmc_atfgrt (Analyst)     13 March 2012

can movable and immovable property be attached in CrPC 125 or only arrest can be filed? If husband has changed the company he works for, would the passport cancellation be the best option? Court has issued conditional arrest but has not been able to get in touch with husband as he does not want to pay.

Tajobsindia (Senior Partner )     13 March 2012

 

 

Originally posted by :harry

"

1. can movable and immovable property be attached in CrPC 125 or only arrest can be filed?
Take:
Yes and for knowing the gyan read https://www.vakilno1.com/bareacts/CivilProcedure/s60.htm what all can be attached and what cannot be attached. In case of disobedience 1 month maximum SI on diet money of wife and maximum 1 year Si again on wife's diet money to Jail warden is norm.


2. If husband has changed the company he works for, would the passport cancellation be the best option?
Take: If husband has changed company then PO
status is norm. If husband has run away to offshore and wind of it reaches to wife then yes Passport cancellation can be pressed.


3.
Court has issued conditional arrest but has not been able to get in touch with husband as he does not want to pay.
Take: Court procedures are not base don whims and fancies of litigants. Wait and see next procedure of Court. If husband does not want to pay then contest till Hon'ble SC level why play Tom and Jerry with Hon'ble Court
!


Addendum: Hire a competent Advocate from LCI and set things right in life for that peace of mind is my Re.1/- advise.

"

 

 

1 Like

God is Great (Executive)     13 March 2012

Hi, I did not understand the meaning of

"1 month maximum SI on diet money of wife and maximum 1 year Si again on wife's diet money to Jail warden is norm"
 

Please explain

 

Kiran (manager)     13 March 2012

Tajobsindia bhai,

How much diet money (Subsistence allowance ) beggar wife needs to pay. What points needs to be consisder. Please enlighten us. 

God Bless


(Guest)

magistrate will issue warrant for recovery u/s 125(3) cr.pc.

unpaid for every month maintenance- imprisonment of one month.

If husband goes out of india- court will issue warrant and execution through Indian Ambasy.

Find husband address & produce the application before Family Court Judge.

sri (ceo)     14 March 2012

enough news about hubby in jail for six months for not paying maintenance to wife...

harry better hurry... dont be a hari sadu... surprised you are globe trotter and avoiding to share with your wife...hear the songs qawwalis.. chadtha sooraj dheere dheere... jhoom bara bar jhoom sharabi...

quickly download and get psycho gyan...

Aaryan_Aaryan (analyst)     19 March 2012

I have submitted my termination letter from my company and right now out of job. The court have ordered me to pay 25K to my wife under DV as maintenance, against which i went to session court where they have asked me to pay 15K as interim maintenance till the final judgement is passed. I donot have a job.....kindly advise me how do i avert this.....I had been paying it for sometime and now itz becoming a burden........as i cannot join a job for i have to be present for dates in the court......My lawyer too is not helping me

Fighting for a cause (Defending court cases )     20 March 2012

 

@ Tjobsindia, if a person is jobless, has no property and bank deposits, than by what means he is asked to pay maintenance. There is no surety in private jobs, so on the basis of old salary slips, how could the maintenance be decided. If for non payment the husband goes to jail and he has no relatives or friends to help him with the required amount, that means he will always remain in jail. (For example: arrear payments are due for one year)

Tajobsindia (Senior Partner )     20 March 2012

 

 

Originally posted by :Aftab Khan

"

@ Tjobsindia, if a person is jobless, has no property and bank deposits, than by what means he is asked to pay maintenance. There is no surety in private jobs, so on the basis of old salary slips, how could the maintenance be decided. If for non payment the husband goes to jail and he has no relatives or friends to help him with the required amount, that means he will always remain in jail. (For example: arrear payments are due for one year)

"


@ Second querriest


Your questions are too mixed up say like ticklish bazooka before us and I personally will not blame you to have jumbled them up. Having said so let us see if any relief cometh your way;

 

 
1. If a person is jobless, has no property and bank deposits, than by what means he is asked to pay maintenance.

Take: Most interim maint. awards are judged based on Affidavits of ‘ladies read with minor(s) c/o u/g natural mother behalf filed”. If you say you have none as in above then any smart advocate can get ‘no maint.’ award in your favor by way of h/er express summery pleadings. Now the moment you add word “means” then the context of your que. para changes dramatically and that is where ‘madam’ makes a double entry into perception of Lordships while oral order is being announced that is due to ‘her hydraulic powers” . Why ! For a simple reason she has shown your ‘ability’ and with ability ‘means’ to earn a “income” is presumed by Lordship and then the whole question sentence takes a beating and goes to Appellate Court since husband now challenges the same.

 


Other simple way to look at your question is like this; do you have two legs + two eyes + two hands + by full weight bearing can you stand in working condition kya? If your answer is YES then perception of Court(s) says you should work 24 HRS. and pay only to your wife. Same two + two body parts etal. are actually not applicable mostly in ‘ladies’ cases so kindly do not ask next question on this mini para.


2.
There is no surety in private jobs, so on the basis of old salary slips, how could the maintenance be decided.
Take:
Lordships knows well the first 7 wordings of yours but justice is not delivered as home order service by which I mean to say it was duty of respondent / defendant husband and or his side to file an Affidavit of “no job of yours” and if there is a “termination letter” from last job then balle balle and then in either situations only no maint. is ordered accordingly. If you do not contest with prime facie probable proofs then how justice will come in your favor?


3.
If for non payment the husband goes to jail and he has no relatives or friends to help him with the required amount that means he will always remain in jail. (For example: arrear payments are due for one year)
Take:
You scared me but do not worry I will not scare you with my reply. I assume we are talking here of S. 125 CrPC interim maint ! If YES then even if no one is there to bail out a defendant / respondent is there and I double assume you are the only living soul alive in your 7 generations of family then the provision in law says that ‘madam’ shall file for “Execution” i.e. for recovery of interim maint. arrears that was awarded and accumulated now for 1 year. I am not sure from your query before us if ‘madam’ ever filed for ‘execution’ or not that you were supposed to add in your query before us so that someone would have replied to that part!
However now let us jump to ‘jail term part’. I am not sure what material husband you are? Why ! people here say they are not afraid to go to jail but in several diagonal breadths that I sense here there are 100’s of husbands who do all they can to ‘avoid going to jail’ too. Suppose you are put in second category then here are reliefs which needs your passing same on to your smart advocate to see if he can help you in not ‘going to jail’ if bare facts from your query are answered.


Relief 3.1 – Hon’ble SC says in re.: Ganga Prasad Vs. Gomti 2003 Crl. LJ 2394; Savita Kumar Nayak Vs. Shatrughan Nayak 1998 CrLJ 2713 that in S. 125 CrPC “madam” should have filed for ‘execution’ of interim maint. Payment in 1 year i.e. the limitation to file ‘execution petition’ to recover int. maint. under S. 125 CrPC is 1 year. If ‘she’ files ‘execution’ after 1 year then no recovery as per Law as provision is there and you can go to watch digital talkies every Friday is what it tells you to do. Now you may understand why I wrote above bze “it is not clear if for arrears payment execution were ever filed or not bze if they are pending from 1 year then it cannot be recovered now as no execution filed whose special knowledge only you have” and these two re
. from SC fits squarely well in this circumstance which is replied as per your stated facts before us.


Relief 3.2 - Hon’ble SC says in re.: Shahada Khatoon & Ors. Vs. Amjad Ali & Ors. 1999 (5) SCC 672
that in S. 125 CrPC first ‘madam’ is supposed to seek ‘Execution petition award’ from a ‘execution Court’ in her favor and then serve same upon you and / or on your men and agent and then if you ‘default’ paying the arrears then bze of ‘her’ aggrievement same Court “can only send you for maximum 1 month jail term”. Onece you spend 1 month jail term then that 1 year arrears becomes ZERO but 1 month jail term period arrears adds up and till second ‘execution award’ that also if ‘madam’ files second time and it also comes in her favor and now if you again default paying that second time then again “maximum 1 month jail term’ is there and again those arrears also becomes ZERO. So you have to see now your arithmetic and decide how long you wish to make those arrears ZERO Beta ZERO Gamma and or in my suggestion you have third option also available i.e. seek from same Court sincerely some time to meet arrears payment and then do not go to jail but before end of time period ensure you meet the arrears and then contest the whole case on merits or tooth for tooth basis as the case may be.


Take printout of this reply and show to your smart advocate he will understand what I suggested in case you are not able to understand my reply.

1 Like

sri (ceo)     20 March 2012

you can always submit to court that you are unemployed...

judges will consider and wait for decades and see that you are employed again and go for a retrospective maintenance bill...

bill tho bharna padega...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2012

It is not so, even if he is unemployed, the person has to beg borrow steal to give maintenance or cool his heels in jail.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

Fighting for a cause (Defending court cases )     20 March 2012

Thanks Tjobsindia for the detailed reply and I am happy that you covered all the points. The madam drags you to court, not only for money, but out of pure vengeance, to humiliate and torment you. Now come what may, you should also try to reply her in the same manner.


Thanks once again, I appreciate your posts a lot because you are able to read between the lines and you cover the topic in detail even if the query was a one liner.


Your post on child custody was a great help and I jotted all the points and gave it to my advocate to file my child custody petition.


Regards,

Aftab Khan

Sunita Jazy (Giving Happiness)     19 June 2012

Amazing reply Tajobsindia Hatsoff to u r knowledge 

nice answer Sri bill to bharna hi padega


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