if husband sends money order of Rs. 500 for child after filing of execution while interim maintenance ordered is Rs. 5000 (2000 for child, 3000 for wife) under s125, what is intended by him ?
Tajobsindia (Senior Partner ) 24 September 2011
1. Buying time for;
- Revision or
- Aappeal or
- Wants wife to come back or
- Is not having money
2. If EP filed then wait for its outcome.
adv. rajeev ( rajoo ) (practicing advocate) 24 September 2011
you can take further steps in the recovery petition against your husband to recover the ordered maintenance amount.
Nadeem Qureshi (Advocate/ email@example.com) 24 September 2011
as per section 125(3) Crpc 3) If any Person so ordered fails without sufficient cause to company 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 4[ 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:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.