The Allahabad High Court held a husband cannot avoid paying maintenance to his wife and children merely due to imprisonment for non-payment. The court clarified such punishment does not clear arrears or end the continuing legal obligation.
PRAYAGRAJ: The Allahabad High Court has held that a husband cannot evade his duty to pay maintenance to his wife and children simply because he has already undergone imprisonment for non-payment.
Justice Praveen Kumar Giri, in a recent ruling, made clear that sending someone to civil prison for failing to pay maintenance does not extinguish their arrears or terminate the ongoing legal obligation to make payments.
The court also found that the doctrine of “double jeopardy” which prevents a person from being punished twice for the same offence is not applicable in maintenance proceedings under the Protection of Women from Domestic Violence Act, 2005.
Background of the Case
The matter arose from a petition by Hasina Khatoon challenging a January 2023 order of a Moradabad court, which had declined her request to recover outstanding maintenance from her husband.
In July 2019, a magistrate ordered Khatoon’s husband to pay Rs 4,000 per month each to his wife and their disabled son. He defaulted and accumulated arrears of Rs 2.64 lakh. A recovery warrant led to his arrest in October 2022, and he was sent to civil prison for 30 days after refusing to pay.
After his release, he still did not clear the dues. When Khatoon again sought recovery, the lower court dismissed her plea on the basis that the husband had already served a jail term for the default.
The high court set aside that decision, holding that imprisonment for default does not extinguish the liability to pay maintenance.
The court directed the trial court to pass a fresh order for recovery of the outstanding amount with 6% interest, and added that if the husband fails to pay, his property may be attached to satisfy the arrears.
FOR MORE LEGAL UPDATES FOLLOW US ON YOUTUBE