How much is Crpc 125-3 Punishment as i cannot pay maintenance amount

612 votes

According to Section 125(3) of the Code of Criminal Procedure, 1973 (CrPC) in India, if a person fails without sufficient cause to comply with the maintenance order issued by a magistrate under Section 125(1) or Section 125(2), the magistrate can issue a warrant for levying the amount due in the manner provided for levying fines. The maximum punishment for not paying maintenance to the wife is that the person may be sentenced to imprisonment for a term which may extend to one month or until payment if sooner made for the whole or any part of each month's allowance for the maintenance remaining unpaid after the execution of the above warrant.

However, it is important to note that imprisonment is not the primary objective of the court, but rather to ensure that the maintenance amount is paid to the wife. In some cases, the court may give the person a chance to pay the arrears of maintenance and may not immediately order imprisonment. The court may also consider the reasons for non-payment of maintenance and may order payment of the arrears in instalments. If a person is unable to pay the maintenance amount, they can approach the court and seek a modification of the order. The court will then consider the person's financial circumstances and may modify the order accordingly.

Advocate Sudershani Ray LawRato

871 votes

Generally only the husband is liable to pay maintenance so i do not think your family members will be arrested but depends on what order the court has made....why was the case decided ex-party ?? i think you must have not appeared for the case or maybe the lawyer must not have appeared. Anyways you can appeal to the higher court immediately and bring a stay on lower courts orders....i think it will be the best option. also in the case of maintenance they cannot keep you in prison for long. but don't think about it rather prepare for a appeal and consult a lawyer immediately

Advocate Vikram Vishwas Kulkarni LawRato

613 votes

Dear client u have to immediately file to application to set aside ex party order and have to apply for cancellation of warrant. Court may cancel yr warrant by ordering to deposite some amount. If it happens then u need not to ho to jail. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

767 votes

Hello Sir,

Rather than going under imprisonment, you have the remedy to challenge the issuance of Warrant as the order was passed ex parte but then even if you Challenge it under Revision, you will have to deposit some part of the amount in the Sessions Court.

Apart from that if you don't pay at all any maintenance, you will be directed for Imprisonment of ONE MONTH.

Also you can make an Application that rather than pay in maintenance to the wife you can take her along with you at your Home and maintain her if possible for you.

Advocate Kamran Shaikh LawRato

217 votes

According to Section 125(3) of Code of Criminal Procedure if someone fails to pay maintenance as ordered, they may be sentenced to prison for up to one month, or until payment is made.

Advocate Chikirsha Mohanty LawRato