Court show-causes man, son for failing to pay maintenance to wife
A local court has issued a show-cause notice to an 88-year-old man and his son asking why they be not sent to jail for not paying interim maintenance to his 85-year-old wife as fixed by the court.
The man and his son have also been issued contempt notice for allegedly withdrawing the fixed amount attached by the court in an execution proceedings.
The court in the notice said why an action under Section 223, read with Section 3 (5) of the BNS, 2023, be not initiated against them for their acts. The court has given three days for filing the replies.
In August 2023, the court had directed a retired defence personnel to pay Rs 30,000 per month to his wife as maintenance while observing that wife is on the last legs of her life and requires more medical help .
The court passed the order while dismissing an revision petition of husband against an order of trial court for giving interim maintenance to his wife. The woman filed the maintenance petition after the husband allegedly disowned her.
She alleged that her husband has not been taking care of her for the last so many years. She said he is an ex-Air Force employee and is getting more than Rs 40,000 per month as pension from the Indian Air Force, besides has earnings from other sources.
On October 28, the trial court attached fixed deposits held by the husband and son to recover the outstanding amount.
The woman alleged that despite the order her husband and son had prematurely withdrawn the fixed deposits the next day from bank.
The counsel of the woman said both husband and son were aware of the attachment order of the court, but instead of complying with the order both went to the bank next day in Panchkula and closed all fixed deposits amounting to Rs 40 lakh.
The counsel alleged that both have willfully disobeyed the court order and are liable to be prosecuted for the contempt of court.
The court said protection for the woman from the Domestic Violence Act, 2005, had been enacted to provide more effective protection to the rights of the women guaranteed under the constitution.
