Alimony not given. Action to be taken?

[ROHINI BAKSHI]

I was married 4 years ago with a software professional but after 1 years , he went to USA and didn’t talk to me since then. He went there for 6 months and after coming back he started compelling me to run away from his life. After 6 months i.e 2 years of marriage , I put up a case under Section 125 to have maintainence thinking that , he may save the marriage to avoid shelling out monthly allowance. But no use.

Court fixed my monthly allowance of Rs 15,000 after 1 year of proceedings in court. But I was given Rs 15,000 only once. On Court dates, my husband creates a variety of reasons to avoid giving maintainence Like he is ill, sometimes his lawyer is ill, sometimes he has important project delivery etc etc.

Sir, what to do in this case? Isn’t there any law to curb this? I haven’t lodged any fake dowry case but put maintainence Case only. Isn’t there any provision of his arrest if he is not giving maintainence?

All of the nation is making hue and cry that “All laws in India favour women” but ground reality is women are worst sufferers even today. Even I am paying to lawyer from my parent’s money. I am unemployed from previous 4 years and this gap doesn’t allow me to have a new job.

[Hari]

Why dont you try to find a job and think of saving your marriage rather than thinking of arresting your husband and extorting money.

Or better get mutual divorce and start a new life rather than indulging in legal battle.

Thanks
Hari

[ROHINI BAKSHI]

Mr Hari,

Not all women are fake in this world and as I said I am trying to get a job. I complained to NCW also, but no response. Some rich women may have misused 498A cases but please don’t stereotype every women like that. Many of the women are sufferers even today.

Am I a prostitute, who would be used for 1.5 years and then thrown out after getting a new girl? Do you have similar opinion for your sister and mother?

I have waited for these 2 years. Till when shall i keep patience ? I was working in a small organisation but my well off husband asked me to leave the job as it was not as per his status.

My parents usually remain ill and my brother is the only earning member. Till when shall i remain burden on them. Everywhere there is hue and cry : All laws are for women, all laws are for women. Gentleman, see on ground level. Not everybody can make use of law. My lawyer has already taken 30k from me and till now only 15k is given by husband in 2 years.

Mr Hari, I know that he has remarried but to prove that also money is required (To hire detective agency etc). Getting a job with simple B.Sc is not easy now days. I tried tutions also but most of the students are captured by old tutors.

Think all this happening with your sister. Ground reality is nobody would remarry you unless you have a job etc. Not everyone in this world is playing legal battle to extort money.

Further I dont want to be in a legal mess and have even put forth my demand of money for masters degree in front of lawyer who said he will do something in next date. Lets see.

I would like Ashok sir to intervene and answer my query. Thanks Ashok sir.

[Dr. Ashok Dhamija]

For Mr. Hari: If you cannot properly answer the question raised, you are requested please not to interrupt unnecessarily. Everyone has his or her own problem, which is dear to him / her. We cannot and should not scold persons (instead of answering their legal queries) seeking some help from this Forum. This Forum is meant to help the people with whatever little legal help can possibly be given and not to question their motives or for cross-fighting. Please refrain from doing so in future, otherwise we shall be left with no option but to block you. Yes, of course, if you have legal expertise and can help people, you are welcome. In the past, we have answered your queries also without questioning your motive. In fact, today itself, you appear to have asked a new question in this Forum. My respectful and humble request to you would be to make use of your time to get answers to your own questions.

For Ms. Rohini Bakshi: The solution to the legal issue raised by you lies in sub-section (3) of Section 125 of Cr.P.C., which is reproduced below:

“(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 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.”

Therefore, in accordance with the provisions of Section 125(3) of Cr.P.C., you have to move an application before the court (within one year of the amount of maintenance becoming due) for recovery of the maintenance amount. The court has the power to issue warrant against your husband and recover the amount in the manner provided for levying fines. The court also has the power to sentence your husband to imprisonment for the term mentioned in the above sub-section if the amount cannot be recovered. So, please make use of these provisions if you are forced to do so.

     

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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.

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