Upgrad LLM

maintenance case


What would be the maximum punishment if I dont pay maintenance to my wife because I dont have any income and I dont have any property.

 
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If you can prove that, neither you have source of income nor you own any property, then you will be exempted from maintenance.


But, if a person actually has income and property but showing himself as unemployed or property-less just to avoid order of maintenance then it is punishable.


Under Section 125 of CrPC, a Magistrate of the First Class may order such person to make a monthly allowance for the maintenance of his wife, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.


But Section 125(3) provides that, If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s [ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made..

 
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Bangalore

Originally posted by : Aashish

What would be the maximum punishment if I dont pay maintenance to my wife because I dont have any income and I dont have any property.


If you have not understood what Sandeepji said: IF you dont pay alimony to your lovely wife... You should show that you are on the streets, a beggar.


Not having anything but a bowl to ask for alms, and torn clothes if any.


even then, judge wont leave you, he will tell that he will take you into judicial custody, for not paying alimony to wife, which may extend from one month to a year depending upon when you dethrone yourself from beggarship status and start paying money.


Begging is a crime.


Having said that you as a husband need not show that you are a beggar, instead take up a job at a chai ki dukaan and show that you have an income of at least 1000 rupees per month, then atleast you can instead showing that you are begging on streets, beg the judge that he readjudicate the alimony according to your chai ki dukaan employment income.


Remember, its a sin not to work, in the eyes of law, for both men and women, but not a sin to work for a less paying job!

 
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@ Helping Hand !

@ Ashish

 

If a person is well educated and was doing a 'well to do' job, but soon he starts working at 'chaai ki dukaan' then this clearly indicates that he is escaping from his liability.

 

Becasue in this case, he voluntarily chooses that job at 'chaai ki dukaan' to earn for just himself, Judge while ordering maintenance, will definitely take into account this fact and won't set him free from liability of paying maintenance.

 

Circumstances which are said to be such as to disable a person from earning sufficient livelihood, must be out of control/will of such person.


Total likes : 2 times

 
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healyhcare

do not get worried.....

let interim be awarded if any .....u refuse any income and say jobless in ur cross exam.....
still interim might get awarded...., try paying little on alternate dates, after few hearings file for change in circumstances saying income has dropped down......

this is the best stratergy as suggested to me by experts....

do not collapse, fight logically.......your genuinity would  be noticed by the magistrate...


Total likes : 1 times

 
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Bangalore

Lawyers generally do not let the truth out as to how to save husband and how to give ideas as to how to avoid paying money to arrogant wife.


Agree with shriks!


Further advice on PM

 
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self employed

Liars and misguiders will get good justince at the hands of almighty. But since ancient age there have been frauds and cheats and they advise accordingly. 

I will say disclose your income fairly and let court decide maintenance. Then pay regularly and have peace of mind. Concentrate on y7our vocation and famlity and health and you will be successful and happy in life. 

 
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Bangalore

Originally posted by : Alok Tholiya

Liars and misguiders will get good justince at the hands of almighty. But since ancient age there have been frauds and cheats and they advise accordingly. 

I will say disclose your income fairly and let court decide maintenance. Then pay regularly and have peace of mind. Concentrate on y7our vocation and famlity and health and you will be successful and happy in life. 



Yes this is what Lawyers do not suggest.


Actual way of determining alimony is roughly like this.


Take into consideration.


1.  Husbands income.  Now what is income?  Actual Income [all buisness income after taxes/liabilities deducted, income from salary after deduction of  liabilities/taxes] will be the actual income.  Suppose if husband is paying loans, paying ppf, paying insurance, then all such should be deducted and then comes the actual income on which the alimony could be decided 1/3rd of such income.


2.  Court will also consider the earning  capacity of the wife, was working, is educationally qualified, is working, has so and so movable or immovable property.


Provided the husband shows his income tax returns, his actual income, shows his wife's income, her salary, her proprerty,


For all such information, there should be documentary evidence,


Namely, property details. income details [salary certificate ect of wife]   also educational details, certificates etc SSC, pre university, degree, etc.


Only then will the judge be able to arrive at a decision as to how much alimony shoiuld be granted.


for Kids, extra.

 
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In courts, any able bodied ( not suffering from any permanent disability) employed or unemployed-in present case a well-educated  husband- cannot escape paying maintenance considering income on the basis of notified minimum wages.

JAGDISH KUMAR

ADVOCATE 

 
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