If there is any willful disobedience to any judgement, decree, order, writ or any other process by any Party court shall take cognizance of such violation and punishment shall be announced . The willful disobedience undermines the dignity of the court.
3 months civil prison for non payment of maintenance:
In a landmark case, the Hon’ble Supreme Court has sentenced a man to 3 month’s civil imprisonment because the husband has not paid maintenance to his wife even after court orders. Husband did not pay an outstanding amount of Rs. 2.60 crores along with 1.75 lakhs monthly as maintenance to his estranged wife.
Husband refused to pay maintenance:
Husband has filed divorce petition and the wife claimed interim maintenance, litigation expenses and expenses towards her household and car and her application was allowed. Respondent failed to comply with the interim order and filed an application for contempt of court.
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The Court on noting the violations found the respondent guilty and issued show cause notice to him asking him to reply as to why he should not be punished and directed him to submit bank statements but later stated that he is not obliged to give the statement if any hefty loans are his liability.
Analysis Law and Decision:
There was no document on record to deny the fact that the loan was primarily taken by the respondent and therefore, he repaid the same.
The Supreme Court observed “…in the past transactions disclosed by the respondent, he claims to have advanced large amounts of loans to his parents. The claim that his father had repaid the loans he had obtained from the aforementioned two banks cannot therefore be recognised. To support his claim that his father had returned these loans out of his own resources, he has categorically refused to provide the bank account information for either himself or his father.
Therefore, it was concluded that the respondent acquired the properties with his own funds just to manipulate the court to evade his liability towards the petitioner hence he used the name of his father.
Hence, in Court’s view, the Respondent suppressed his true income to misguide and manipulate compliances with the court’s orders requiring him to pay maintenance to the petitioner along with arrears of maintenance.
What happens if maintenance is not paid?
No one can escape from punishment for not paying maintenance, if courts have decided once but the person has not followed the order it is considered as contempt of court but if husband refuses to pay the maintenance he can be sent to jail So under Indian Law, if the husband does not pay alimony/ maintenance even after the ultimatum has passed is sentenced to a set time period in jail. But if they can complete the alimony payment and if he is willing to show more responsibility in the future, he will not have to go to jail. So, he can pay the amount or face the punishment for not paying maintenance in India, and go to jail.
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