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Simp (Engineer)     22 July 2009

Punishment for not paying maintenance

What will be the normal and maximum punishment if I refuse to pay interim maintenance to wife as per court order? The DV filed by wife will come up in court next month and there is a possiblity to ask maintenance from wife's side. we have no children. Wife is a post graduate in commerce and working on temporarly basis and there is a possiblity of her quiting the job for asking maintenance. Anyway i'm not ready to pay if court orders maintenance  so what will be the max. punishment I would get? Can I go for appeal to HC questining only the maintenance order? If so, will the DV case be freezed untill the appeal in HC is over? plz help


 9 Replies

Mrs. Hetal Sunil Shah (Advocate)     26 July 2009

you can go for quashing application to HC

Rajesh Kumar (Advocate)     26 July 2009

Why do accept defeat before you are defeated.

First see if she is asking for maintenance. If, to ask maintenance if she makes in false statement on affidavit, file case of perjury without waiting for any advice.

Then oppose her petition of maintenance. Maintenance is only for those women who cannot maintain herself. If a post graduate in commerce cannot maintain herself, who can maintain herself. Whether she is actually maintaining herself or not- it is immaterial, what is important is potential of her in maintaining herself. Bring evidence that women, much less qualified than her can maintain herself. Your house maid can maintain herself- why not see?

In my personal views, the courts are biased against men. Insist on detailed order. Insist that all your points are recorded in the order.

ad. creaminall (professional Advocate)     27 July 2009


generally the courts having sympothy towards woman and if your wife claimig maintenance then the court may grant some amount as maintenance which you must pay her or otherwise she may take steps against you. of course you can challange the said order before the High court but same situation you may have to face and your petition will stay untill and unless your appeal will finalised by High court.

Harry (SERVICE)     07 August 2009

My situations is more or less same here. My wife leave me just to complete her M.Sc course and after that she decided she will not return back. She is pursuing M.SC II year and filed two cases for maintainence and interim maintance. Court ordered to pay Rs2500/- p.m as interim maintainence. My net sal is 22196/- but after all deduction like home loan bike loan personal loan, society charges etc. Only 6683/- left at my hand out of which court ordered I have to pay 2500/-. I want this to be stopeed what is the procededure for that.

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 August 2009

 Prefer revision before High Court


Under DV act maintenance can be recovered from amounts payable to you like salary etc.  However maintenance under DV act cannot be enforced by means of imprisonment.

G. ARAVINTHAN (Legal Consultant / Solicitor)     07 August 2009

 DV Act says only Compensation.. that too if wife is willing only

Simp (Engineer)     08 August 2009

Originally posted by :ANIL KUMAR MENON
" Under DV act maintenance can be recovered from amounts payable to you like salary etc.  However maintenance under DV act cannot be enforced by means of imprisonment. "


Even after family court asks husband to pay maintenance and his appeal to HC also get rejected, what will happen if he is not paying the maintenance. He is a private company employee so can court recover the amount from his salary? In that situation can he quits his job for avoiding maintenance? Really imprisonment not possible in any case of maintenance?


order of Maintenance can be executed by means of imprisonment if the same is awarded u/s 125 of Cr.p.c or if awarded under the provisions of Maintenance act.

If it is awarded under Domestic Violence act, the same cannot be enforced by imprisonment.

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