Legal Question in Family Law in India
Dear sir
My wife file FIR against me and my father in seerampore court related to 498a and DV. arrest is possible. she also file intreme maintenance and crpc125 for extorting money from me.
I decide not to give a single peny to her. for this purpose i deside that i will not file my bale. but i apply bail application of my father. i will behind the bar till the 498a and DV case does not solved. i and my father is a govt employee working in BHEL. the BHEL policy say that if a person get behind the bar and then if he came out by applying bail application then he can join his duty.
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> Q1 so kindly say me that during the period (for eg 5 to 7 year) when i am inside the jail does i am liable to pay any type of maintenance to my wife or my maintenance is due for that period ?
> Q2 because it is cleare that for that period i do not have any type of earning in jail. so as per supreme court order if a persone does not have any type of earning then he/she does not liable to pay any type of maintenance. so plz tell me that does this judgment follow on me during that period?
> Q3 also plz tell me does the intreme maintenance become due for me and when i came out from jail i have to pay all that money though it is cristle clear that i do not have any type of income during that period ?
2 Answers from Attorneys
1. Even while you are in jail, you may still be liable to pay maintenance and your properties may be attached for recovery of the maintenance amount.
2. The payment of maintenance may not depend upon your income.
3. Yes, the payment will remain due and you will be liable to pay when you come out.
i agree with Adv Goel
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