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sandeep (pvt service)     02 May 2015

If husband fails to pay in hma 24, then what happens?

if husband fails to pay in hma 24 under his own divorce case, as he has lost his job, then what happens?

is he jailed?

is his property confiscated? bank balance frozen?

case dismissed/ case stalled

request experts to please advise. thanks



Learning

 16 Replies

rajuchowdappa   02 May 2015

He will be Penalized and sometimes to JAIL If you want to contact me 9738465552

rajuchowdappa   02 May 2015

He will be Penalized and sometimes to JAIL If you want to contact me 9738465552

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 May 2015

Dear Querist

the opposite/wife may file an execution petition before family court and the family court after issue summon/notice to him and if he is not make the payment then the court have power to issue warrant of attachment of his property/bank accounts and after that pass an order to attached in person and the police arrest him and take him before the court and if the husband is not make the payment then the court will send him behind the bar till the deposition of money or one month jail for one month maintenance as per section 125(3) of Cr.P.C.

 

1 Like

sandeep (pvt service)     02 May 2015

thank you nadeem sir for your detailed reply. however my case is of hma 24, and not 125, 125 is lying in appeal in high court for exparte order. hma 24 will be decided first in a couple of months.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 May 2015

the power of execution is under 125 of Cr.P.C which the court will use.

adv. rajeev ( rajoo ) (practicing advocate)     02 May 2015

Even you can submit before the court to direct your husband to pay the maintenance amount first. Court will not permit him to lead the evidence till the payment of maintenance amount.

kalyan (engineer)     03 May 2015

If a jobless husband did not obey interim maintenance order under HMA 24 and wife did not file for execution of order for some years will it not be an evidence that wife could maintain herself?

For an example, if wife files a petition for execution of order after 2 years, will it have a weightage? If the court send a jobless person to jail, how will he get money behind bars? Will it not affect much of his career? Controversial things.

LegalFighter (test)     04 May 2015

In the worst case if husband doesnt want to pay alimony to his estranged/cheating wife, husband can hold for 1 year.Only after one year of non payment of maintenance, wife can approach the court and get the arrest warrant.Let her get !

 

Now husband can approach the high court and pay half the amount of the total maintenance(of the past one year) would be more than sufficient to cancel the arrest warrant.Even this 50% of maintenance amount paid would be remined in the high court and not given to wife asap.Husband has to release this amount to wife.

 

Again wife needs to walk  to court to get her next month maintenance.Its not an easy task to get maintenance from a husband if husband's lawyer is smart enough to drill the estranged wife

LegalFighter (test)     04 May 2015

As well if husband stays in jail for one month, past one year maintenance would be cancelled.Wife cannot get even a single penny

2 Like

sandeep (pvt service)     04 May 2015

thanks for your reply tamilian, but there are some comments which i read in other forums that if a husband is jailed for one month, then only one months maintainence is waived off.....is that correct? what does the law say on this.?

thanks

LegalFighter (test)     04 May 2015

Sandeep,some experts may answer your questions i beleive.What ever i told is what the answer i got from my lawyer for my personnel case.As i know , once husband jailed for one month, past one year maintenance will be waived off.Experts please throw some light on this.

LegalFighter (test)     04 May 2015

The basic thumb rule is you have to provide or you must pay alimony to your wife if court orders.But some times, estranged wife may get mercy from court and innocent husband may get the punishment of maintenance due to the smartness of cunning  wife.

 

Once you or ur wife go court, dont have any assets in you name.Transfer that assets to your mom ASAP.This is only for a precaution.Wife has no rights in self earned property of husband and inlaws.ancestral /shared property is a separate topic.

 

If you have lost your job, thats well and good.Prove it in court the reason of your termination,court will provide less maintenance to wife

 

If you afraid your bank account will be frozen, move all money to ur dad,mom,sisters,brothers account and maintain nil balance in your account..Its so simple! but dont make online transfer.

 

If you are working in a private firm, dont disclose your job details to anyone(even ur advocate).Dont file IT returns.Its tedious for your wife to find your job details.She has to appoint a private detective agency and pay min. 50k for them.They will find out. Change your job again.Break your wifes psycology of getting an easy maintenance.

 

 

 

 

1 Like

sandeep (pvt service)     04 May 2015

thanks tamilian......appreciate your advise and help

sandeep (pvt service)     04 May 2015

thanks tamilian......appreciate your advise and help


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