Article written by Advocate Alpa Jogi on Recovery of Maintenance Amount by Wife for the orders passed under 125 CrPC
Time and often we are receiving queries from the women fraternity that despite of the order passed by the Honourable Court for maintenance, the husband is not paying the maintenance amount. We see a feeling of anguish and worry on the face of the aggrieved wives. But fortunately this is a very common situation and there is a provision for such situation in the law. The section 125 sub section 3 of CrPC itself takes care about this situation.
Section 125 Sub Section 3 of the CrPC states that
“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...”
Thus an application under Section 125 sub section 3 of the CrPC needs to be made in the honourable court for the recovery of the maintenance amount subsequent to which if the husband fails to pay the maintenance amount he may be sent for imprisonment.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
You can contact Advocate Alpa Jogi for assistance on any kind of legal matters