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Kiran Kumar (SE)     31 May 2011

What will happen if Husband refuses to pay Maintenance

What will happen if husband resufues / Not paying maintenance after court is passed the order.

Will it affec the 498A procedings , will they sent husband to jail , if yes how many years .


 18 Replies

MASTHAN (Self employeed)     31 May 2011

As per my knowledge if husband dont pay maint for 1 year then court will send him to jail for 1 month. If he doesn't pay 2 nd one year also then court will send him to jail for 1 more month. If he doesnt pay for 1 more year and if his wife wants to send him to jail then she needs to pay money to court to maintain her husband in the jail.


However this can be vary from cases to case and judge to judge...

1 Like


@kiren kumar

yes, he will go to jail and in morning eat chai biscuit or bread and after that lunch etc.

Many who dont have money go to jail ,live well and enjoy the jail life.


SO basically our system wants them to taste jail so that after that they cannot be expected to be any more docile and decent ? Is a wonder that in this country, being educated and capable is the best qualification to put you in jail ... Its a shame !


The NO TOLERANCE society that these so called "womens' rights" people have created will do much more harm as now everyone in the family will be weaving plots against the others. This has spoilt the family culture altogether. There was a time when both husband and wife wished to fulfil each others wishes and those of their children. Now they have made sure everyone thinks about himself / herself thinking that there is no durability in his / her relationship anyway.

Kiran Kumar (SE)     31 May 2011

Serious reply please according to the Law ....

Thank you


Ok... in that case, there can be the following situations :


1. If he is in Delhi, according to the recent rulings, he cannot be jailed for more than a month. This cannot affect 498 A case


2. IF he is in Gujarat, "Contempt of Court" proceedings can be initiated against him and he can be fined and jailed even if he is jobless and CANNOT pay. This jail term can be of any length even upto 6months have been observed in some Guj orders.


3. In other states, depending on case details (wife's capability to earn / education / merits of the case/ section in which maintenance order is passed etc) ... consequence will differ a lot.


Kindly mention the section and case details for in-depth analysis ... Also mention the state where this case is going on ...

Tajobsindia (Senior Partner )     31 May 2011

@ Author

Jail is a choice not persuasive option as you are made to believe here by so called expert.

2. Your que. itself is wrong to give any serious reply first of all. Without briefs like what were the facts of both and what are operative paras of the Maint. order putting here a moot court que. does not solve your own purpose as I suppose you are a client / litigant not a law student here to throw on us a moot court que. with some flimsy lines out of bare newspaper reading or and whatever.....

3. If you want serious answer become strive to become serious with your presented briefs before us too.

1 Like


I would like to mention quote (slightly twisted from original version ) by Tajobsindia

"Saat fere liye hai to maintenance to banta hai".

What is exact reason of non payment of maintenance ? If possible counter it legally may be a stay or revision of order.

Kiran Kumar (SE)     31 May 2011

My wife filed under 125Crps & DV

I am from Karnataka


Regarding interim maintenance in DV Act, husband's "capacity to earn" will matter a lot. Now another question, ... Is she earning ? ... Is she well educated and has she earned in the past ?

But in CrPC sec 125, if she is capable of earning and highly educated, and you can prove that she has deserted you, there is no possibility of maintenance. 

1 Like

Tajobsindia (Senior Partner )     31 May 2011

@ Mahaprabhu

1. What was on record your income shown?
2. What was on record her income shown?
3. Were you in Job at the date of filing respective suits?
4. Was she working before and on the date of filing respective suits?
5. What were your admissiable liabilities respectively shown?
6. Is she educated?
7. Is she qualified?
8. Have you neglected her?
9. Apart from above before she raised "demand" did you take any steps to retain matrimony?
10. What does the operative part of the respective Order states?

Off the reocrd: 
Why you dodnot wish to pay maintenance ?


BTW, why not get in touch with SIF Movement ? That should help you with many such questions. If you are in Bangalore, kindly see this and contact the activist whose name is mentioned here ... Support your fellow victims and they will answer all your questions :


Originally posted by :Suresh

PROCESSION CONCLUDED BY DHARNA on 04-06-2011 by National Family Harmony Society® to protest against heavy misuse of Domestic Violence Act.

About National Family Harmony Society®: “National Family Harmony Society®” NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 16000 members all over India. To know more about us please visit / /

Details of the Event

Procession starting at Town Hall @9.30 AM

Procession concluding at Banappa Park @10.15 AM

Dharna at Banappa Park 10.15 AM – 12.00 Noon

We request all members who participate in the procession to maintain discipline.

Kindly reach the start point of the procession on time so that there is good strength for procession.

The procession is a “silent protest” and there will be no slogan shouting.

However at the Dharna we are free to shout slogans.

To protest against the injustice by the Government we plan to tie black ribbon around mouth to symbolic show that MEN facing injustice are not even being allowed to speak out.

The Theme of the protest is Gandhi Ji’s 3 Monkeys!!

Judiciary – They are turning a blind eye to the injustice, saying they are law implementers and not law makers.

Legislature- Fearing from women vote bank, Legislature is not speaking out even though they know that Gender biased law’s are heavily misused.

Executive- The executive turn away MEN and do not listen to MEN saying “Do not involve us in this and solve your problem in the court”

So, the question is where do MEN GO???

If the 3 main pillars of the democracy have shut their doors on the MEN then we have hope only from the fourth pillar of the democracy i.e. Media.

We appeal all our media friends to help us to spread awareness regarding heavy misuse of the gender biased laws and injustice caused to MEN and his families due to this.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

For further information please contact.

Suresh P                                                                                              Mahesh M

President,                                                                                            General Secretary

9880141531                                                                                                 9731569970

Kiran Kumar (SE)     31 May 2011

1. 33000

2. She was working as teacher in Primary school before marriage

3. Yes

4. No

5. yes, 22000

6. Graduate ( BA )

7. Yes

8. No

9. I asked her to stay with me , court also advised but she refused

10 . No idea ( I am from Karnataka )


She is harrasing me and I did not taken dowry or asked any thing from them but still she field 498A .


@kiren kumar


My wife filed under 125Crps & DV

I am from Karnataka

What about your income imean salary?

And what is your case?

I personally (during my jail visit,jail visitor)saw many person in jail as because of failure of paying maintenance.

Someof them are unhappy and they even request me how can i rescue in this situation and someof them said i am very happy in jail as bivi se accha jail accha.I dont want to share any example in this forum but in many cases a person(husband) is not earning too much just say he is running pan ki dukan or something like that and he fails to give whole sum(totall amount during the case) maintenance to her wife.

Anyway before you want to see a jail face just post your qusetion here so that we can help you.............

Kiran Kumar (SE)     31 May 2011

I am a Software Engineer and Net salary is 33000 , I have personal loan , education loan and other liabilities of 22000 per month.

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