Home > Judgement > Gujrat HC: 140 days jail to husband for 14 months of arrears of maintenance

Gujrat HC: 140 days jail to husband for 14 months of arrears of maintenance

CR.MA/1040/2011 3/3 ORDER








STATE OF GUJARAT & 1 – Respondent(s)

========================================================= Appearance :

MS BENAZIR M HAKIM for Applicant(s) : 1,MR MA SAIYAD for Applicant(s) : 1,

MR DC SEJPAL, APP for Respondent(s) : 1, MRS NASRIN N SHAIKH for Respondent(s) : 2, =========================================================



Date : 28/01/2011


1. Rule. Learned APP Mr. Sejpal waives service of rule for respondent State.

2. Petitioner is husband of respondent no.2. He has been taken in custody for nonpayment of maintenance. By an order dated 11.1.2011 passed by the Family Court, Rajkot, he is ordered to undergo imprisonment for 140 days for 14 months of arrears.

3. Counsel for the petitioner submitted that petitioner could not pay the amount because of acute financial difficulties. He however, intends to clear all arrears including arrears arising subsequent to the Family Court passed the order. She pointed out that as of now the petitioner is in arrears of approximately Rs.75,000/- of maintenance. She prayed for a reasonable time for clearing the arrears looking to the weak financial condition of the petitioner.

4. Learned advocates drew my attention to order dated 17.1.2011 passed by this Court in Special Criminal Application No.2065/2010 which was passed in husband’s petition for reduction in maintenance. While not interfering with order of maintenance passed by the Family Court, petitioner was granted time upto 31.3.2011 to clear all arrears. This order however, was passed unmindful of the fact that petitioner is already taken in custody pursuant to the order passed by the Family Court on 11.1.2011, since this development was not known to the learned advocates also.

5. Under the circumstances, the petition is disposed of with following directions :

i. The petitioner shall deposit with the Family Court a sum of Rs.10,000/- latest by 10.2.2011.

ii. The petitioner shall deposit further sum of Rs.25,500/- with the Family Court latest by 15.4.2011.

iii. Remaining amount of arrears of maintenance shall be deposited with the Family Court latest by 31.7.2011. iv. On condition that petitioner shall abide by the above time frame of payments, he is ordered to be released forthwith from custody, pursuant to order dated 11.1.2011 which order in effect shall be kept in abeyance.

v. In case the petitioner makes default in depositing the amounts, on an application filed by wife before the Family Court, it would be open for the the Family Court to issue directions for taking him back in jail.

vi. As and when amounts are deposited before the Family Court, same will be disbursed in favour of wife without waiting for no objection from the petitioner or his advocate. These directions shall be effective in supersession of time limit granted in order dated 17.1.2011 in Special Criminal Application No.2065/2010.

At this stage in view of above-formula provided, legality of order dated 11.1.2011 is not gone into.

It is expected that petitioner shall continue to pay prospective monthly maintenance regularly.

Rule made absolute accordingly.

(Akil Kureshi,J.)

Categories: Judgement
  1. dhaval
    June 6, 2011 at 1:44 pm

    Very sad. Indian 498a accused husbands are living in hell. We will pray god to not to drop in this country again.

  2. JustAnother498aVictim
    June 6, 2011 at 3:40 pm

    change the title of the post. It is giving bad impression. Husband has been actually do away with imprisonment with condition of paying up maintainence.

  3. Hussein
    June 18, 2011 at 3:27 pm

    To hell with such gender biased laws…in principle it goes against the Constitution of India..where in ” all are supposed to be equal..no gender discrimination. But in India, we have the Policy of ” All are equal..but some are more equal ” – George Orwell (Animal Farm) ” . Constitution talks about equality and Law bring shame to the same eqaulity when one gender is favoured more because of a bias that ” All crows are black” so similarly all men are Evil. God knows …why the same lawmakers did not think the other way around where in assuming that all women also could not be Sita but some of them could more deadly then Monsters…. Hope this evil ends….soon

  1. September 8, 2011 at 11:45 am

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