Legal Question in Family Law in India
I married in 2008 at an indu kovil as per hindu cultural methods. Have a registered certificate given by kovil/department of hindu religous. But marriage was not registered. my wife was an hindu, but converted with her family to penthacoste (chritianity) around 2000. It was a love marriage and she knows i have strong hindu believes, so we married at an hindu kovil (submitting my birthcertificate and her college TC as religous proofs) . as promissed she lived as an hindu after marriage. but one year after my sons birth her mother entered into my family and forced us to follow penthacoste. I strongly refused contentiously but any how she was able convince my wife which forced me to file divorce after a long period of fight. Now i am having interim custody of the child (i can have my kid every other weekends with me).
family court judge has passed an interim maintenance order (250000 followed by 12500 monthly). Hind marriage and maintenance act says person who is ceased to be an hindu after marriage is not entitle for maintenance. I went to the high court-denied- saying that it is an interim order so obey it. Went again to supreme court -denied-saying the same.
But as per my earning capacity i cannot pay 250000 anyway, and monthly only capable of paying around 5000. Recently judge has called the police to arrest me (i thin it is a threatening) any way i managed to pay 20000. again the judge is asking to pay the balance.
I have done nothing wrong other than sticking to a religon. I hate conversion. I married her because she was not following pentacoste seriously and she was a born hindu . by the time of my love affair and after marriage she followed all hindu cultural values only.
I have decided to submit my self for punishment for not paying the amount (as they said sentencing)
How long the sentencing will be?
( I heard maximum of one month)
Will the case continue once the punishment is over?
Will it affect custody of my child?
Any other suggestions?
(I have taken the decision considering my child's age 5, he is not growing well there, and he is following Christianity)
1 Answer from Attorneys
send the orders of district court, high court & supreme court & other briefs so i can guide u properly