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Can I be sent prison for not giving maintainence before divorce


07-Aug-2023 (In Divorce Law)
Giving maintenance to wife & child for 7-8 yrs without divorce. Living separately since 2011. She always threatens to file police case and even makes my 12 yr daughter threaten me. I have stopped giving money for last 3-4 months because I want her to also think abt divorce. Is it illegal to stop money like this?
Answers (3)

Answer #1
623 votes
yes it's completely illegal . you have to pay the amount which was decided by the court as the maintenance money ,
in the condition of non payment of maintenance amount the court may order you for the Civil imprisonment or property attachment or in case of government employee may attach your salary .
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Answer #2
798 votes
Is this maintenance you are giving to your wife has been awarded by court.? If yes, Then you should not stop giving maintenance or you can contact a lawyer if u wish to stop giving maintenance if circumstances has been changed.
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Answer #3
670 votes
Hi ,since the court has not passed any order for maintenance,there will be no legal complications if you stop paying the maintenance...As per law ,she can claim upto 30 percent salary as maintenance,but only if she is not earning herself ..If she is earning then she can only claim maintenance for the child
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