Snehal Fernandes 06 November 2021

Maintenance and execution

Hello

Maintenance was decided in consent terms in DVA now husband is unable to pay maintenance and wife has already filed application under 125(3) so what should the husband do

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 November 2021

The Supreme Court on Friday said a husband cannot abdicate the responsibility of paying maintenance to his estranged wife and gave the last opportunity to a man to clear entire outstanding with a monthly payout h to his wife, failing which he would be imprisoned.

Snehal Fernandes 06 November 2021

He has already filed 127 application I just wanted to know if it's maintainable when the order is passed as per consent terms in dva

Sajid Ghazi 06 November 2021

if the husband is not in position to.pay the maintenance then what can he do .

Dr J C Vashista (Advocate) 07 November 2021

Application under section 127 Cr PC, 1973 is maintainable only when an award was passed in an application under section 125 Cr PC 1973 but it is not maintainable in case of complaint (as aggrieved person) under section 12 read with section 18 of Protection of Women from Domestic Violence Act, 2007