If you are not satisfied with the order of maintenance passed by the family court, you may file a revision application against it before the next court. The revision court has the power to set aside or modify the order of the family court granting maintenance if it is satisfied with your grounds. You’ll have to convince the court with your grounds by giving sufficient proof.
If there is an order for payment of maintenance which has not been set aside or stayed by the higher courts, and in spite of this if maintenance is not paid, then the court has the power to sentence such person to jail. Please see, Section 125(3) of the Criminal Procedure Code:
“(3) 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 4[for the maintenance or the interim maintenance and expenses of proceeding, as the case may 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 date 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.
Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.”
An order for grant of maintenance is not dependent on conviction or acquittal in a case under Section 498-A IPC. Maintenance is granted if the conditions mentioned in Section 125 Cr.P.C. are satisfied.
You also have the option of filing an application under Section 127 Cr.P.C. before the same court (family court) for alteration in the maintenance order or for cancellation of order of maintenance under that section, if the conditions mentioned in that section are satisfied.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
