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Ravi (Consultant)     31 May 2016

What if i refuse to pay maintenace to wife

Court Orders to Pay Maintenance to wife, Even if she is well qualified and was working earlier.

Childrens are with me.

I do  not have any movable or imoveable properties nor Bank Balance.

What Court will do if i dont pay Maintenance.



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 13 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

U will receive a warrant for defying the court orders,if she files execution petition.Court ordered maintenance itself  illustrates that U have failed to prove that she was qualified and working earlier.


(Guest)
  • Nothing will happen
  • She will go file another case for execution of maintenance orders
  • Let that case run for some time. Then pay one or two months maintenance.
  • Stop paying again.
  • Repeat process.
  • If she is persistent after many rounds, judge may order some jail time. 
  • Then you will have to pay.
  • Till that time keep making her run for every ruppee. She is likely to get tired and give up. 
2 Like

Ravi (Consultant)     31 May 2016

Originally posted by : SAINATH DEVALLA
U will receive a warrant for defying the court orders,if she files execution petition.Court ordered maintenance itself  illustrates that U have failed to prove that she was qualified and working earlier.

I failed prove thats secondary;

After execution of order, if i dont pay, how long i will be jailed.

THANK YOU VERY MUCH Autohide147 for superb remedy.

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

Sail with the apt suggestion of Autohide.

stanley (Freedom)     31 May 2016

A defaulting husband under S. 125 CrPC can only be sent to maximum 1 month simple imprisonment as per Law as laid down by various HC's

Ravi (Consultant)     31 May 2016

what after 1 month ? no need to pay ? what is the purpose of Jail;

(Guest)
Originally posted by : Ravi
what after 1 month ? no need to pay ?

what is the purpose of Jail;

Purpose of jail you will understand once you go inside and sit there.  There are scores of men who are in jail for not being able to pay maintenance to wife.  Law is one month jail for whatever balance is due. But once the magistrate or judge takes you into judicial custody, letting you out is his or her will, there are scores of men who are doing time in jail for more than a year.  So dont take it lightly.

 

People like autohide above ensure that you end up in jail for sure.  and people who agree with such advices are just making sure you dont get out of jail.

 

If you are unable to pay the said amount ordered, by the court, you can always file a change in circumstances application in same court asking the court to readjudicate the alimony ordered.

 

I advice you against become defaulter, dont listen to above people who encourage you to become defaulter, warrant issue, and police roaming to your parents house or your office, if they dont find you at all, NBW issue, and if caught, no bail.

 

If wife is such a problem, take mutual divorce, give one shot alimony and get rid of headache of paying her monthly alimony/warrants/execution/NBW issue etc etc humiliation when the police will cuff you and take you in full pubilc view.

 

Hiding absconding also is of no use, how long will you hide?  If you dont have any properties in your name, wife can take police protection orders and enter your parents house, as it is matrimonial house.  

 

If there are ten ways to escape, there are hundred ways for your wife to trouble you and your whole family.

 

GO for MCD is my advice.  Rest your fate.

Ravi (Consultant)     31 May 2016

@Helping Hand

For sure you are a Lawyer; Thank you for taking time to writting such a long reply;

Everyone knows Indian law is biased towards men. i seen one judgment in which court ordered 44 months jail;

if there are ways to wife and Indian biased laws then men has ways to finish this job for less and go to jail for 7 years than paying huge amount to a buffelo.

Men are not born criminals, its the Society and laws make them so.

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

Mr Ravi,

U R unnecssarily extending the query instead of understanding the facts mentioned above by various members who have replied.U R still adamant in UR replies instead of understanding the legal consequences that U may have to encounter.

The best person to assist U further would be UR local lawyer,who will be person to represent U legally.


(Guest)
Ravi. My input is not to go to jail. If you appear very adamant in front of judge, you will go to jail. You have children with you. During execution proceedings go with bills of doctors for child getting hurt, missing work because of children's work, etc. Idea is not to blatantly defy orders of judge. Idea is to mention hardships, create delays and hurdles and still pay something once in a while. If you do this judge won't order jail and the game will run for long time. Eventually judge will order jail. If wife is spending more on lawyer fees than she is getting from you for 2/3 years, she is likely to give up.
1 Like

(Guest)
Jail can be 1 month for every month you have refused maintenance. Once you go in, you cannot pay anything so jail sentence can be extended. However, it is rare circumstance for husband who is raising children to be ordered jail over wife's maintenance.
1 Like

Ravi (Consultant)     01 June 2016

Thank you so much for Everyone;

i asked for my Friend; my last answer was reaction of my friend and he said it angrily;

 

N R Dash.. (Advocate)     01 June 2016

The jail term of 1 month is for not paying each monthly quantom as awarded by the FC. As you are sent to jail, still the burdon of paying the maintenance is not get quashed. It keeps adding up. You need to pay all the arears as you are out from the jail.

 

Amicable settlement & MCD are the best. If the quantom of maintenance is very low that you can afford easily, keep paying the emi. Otherwise opt for onetime settlement.

 


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