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Man released from jail, undertakes not to default on monthly maintenance amount to be paid to wife

An estranged husband had to give an undertaking to the Bombay High Court saying he would not default in paying Rs 25,000 monthly maintenance to his wife.

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An estranged husband had to give an undertaking to the Bombay High Court saying he would not default in paying Rs 25,000 monthly maintenance to his wife.

He was jailed for defaulting on this and was released only after he served four months in prison. Justice Rajesh Ketkar accepted his undertaking for defaulting on payment of Rs 1.80 lakh.

The woman had filed an application in the family court last year seeking maintenance from her husband. The court directed him to pay Rs 25,000 per month until the order is modified, and an additional amount of Rs 10,000 as litigation cost.

However, the husband defaulted on the payment. Following which the wife moved another application for execution of the order. The family court sent the husband to six months civil detention. The order said: "The husband will be released after the expiry of six months or payment of arrears worth Rs 1,80,000, whichever is earlier. If the applicant pays part amount, then his sentence shall be reduced proportionately.

The High court recently heard the man's plea challenging the family court order and asked him to deposit the arrears amount in the registry. After the amount was deposited, the court directed Byculla Prison to forthwith release the husband.

For Separation

  • The estranged husband was jailed for defaulting on paying Rs 25,000 as alimony. 
  • Justice Rajesh Ketkar accepted his undertaking on payment of Rs 1.80 lakh. 
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