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Dear Experts, In March,2017 discovering my wife's extramarital affair I left my rented flat in Kolkata where I was living for employment. I am only son of my parents. Both of them are living at my native place of Midnapore District(E). On emotion left job too. My salary at that time was 32K. She filed case under DV Act,498A IPC,406 IPC etc .My wife too belongs to my native place. In 2019 Trial Court awarded her @ Rs.8K as interim maintenance from the days of Order. I was paying money accordingly but they went to the session court and modified the maintenance order in 2022 as Rs.11K pm from the day of filling. This results a huge pending which was out of my capacity. I went to High Court to revise the order but they did not give any relaxation. Now an execution petition has been filed to pay 6.65 Lac . Both of my parent died in the mean time. Now I earn only 15K p/m. I have Only a two room house property in my name and a Personal loan of 1.45 Lac. Can I avoid going to jail with paying 20-30K at present?
The maximum period for which a person can be jailed for non-payment of maintenance is one month per application. This means that if you are able to pay the arrears of maintenance within one month of each application, you will not be sent to jail. If you are unable to pay the arrears of maintenance within one month, you could be sent to jail. The court will consider your financial situation and ability to pay when deciding whether to send you to jail. If you are worried about going to jail, you should speak to a lawyer Contact us on our helpline number for the best lawyer.