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Neha Lande
in Criminal Law Family Law
Asked August 23, 2017

Husband not maintaining children

  • 1 Answer
  • 206 Views

I am a working women, my husband does not give his salary properly towards daughter and household things. In a written consent he has given assurance that he will give up to Rs. 10000 per month towards child and household expenses when I filed domestic violence case on him. the case was withdrawn and he started avoiding to give salary to me for other expenses. What to do?

Answer 1

 

 

 

Dear Sir/madam,

A case is withdrawn on a mutual basis with an implied promise from both the parties to not to reopen the case or file another case based on the same/similar facts andcircumstances of the case. However, if the assurance was given by the husband on a piece of paper and the same was submitted before the magistrate as a part of the proceedings in the same case, which might have been the basis of such withdrawal – then it becomes obligatory on the part of the husband to comply with the same undertaking. In case where he does not or fail to do so, an execution of the same can be filed with the same court issuing the final order (the order issued – must contain the assurance given alongwith his consent duly signed) in the case. Based on which a heavier penalty including the arrears might be imposed on the husband.

Section 125[1] in The Code Of Criminal Procedure, 1973 clearly suggests Maintenance of wives, children and parents who are unable to maintain themselves.

 

[1] If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

 (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

(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 allowances 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.

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