Asked August 13, 2016

maintenance not paid

  • 1 Answer

Respected sir, Father was not mentain his son and his wife from when borned his son now father filed case under 125 of criminal procedur code against his son. His son and wife also filed 125 against him long back .now that is 128 stage. But his not paid any sum of amount to them.

Answer 1

Default avatar
Saumya Kumar
In such a situation a complaint can be filed under Section 125(3) of the Code of Criminal Procedure which allows a Magistrate to issue a warrant to levy the amount and may sentence him for maximum of 1 month. An application under this Section can be made within one year from the date on which the amount was to be aid. (Mohandas v. Jayanthi, 2012CriLJ4321). It is important to determine the status of the legal proceeding as a complaint under this provision can be filed only if the maintenance is not paid for one year.
Agree Comment 0 Agrees about 5 years ago

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