June 1, 2013

Tragedy of a poor husband - Cruelty of Maintenance laws

In a small village, a poor bike mechanic, is trapped in maintenance laws. His wife filed cases against him and his family.

His father died in jail.

In meantime, under maintenance laws, Court directed husband to pay Rs.5000/- per month.

He may be hardly earning Rs.3000/- by bike repairing in village.

Since he could not pay, he was also sent to jail.

High Court dismissed his appeal. If he does't pay, he will have to in jail and will not be able to pay for education fees of younger brother also.

What is wrong in Law

The Sec.125 of Cr.PC, have become cruel in some cases. The Court should sent to jail only those husbands to jail, who neglect to pay to wife, though having means to pay.

Where husband himself is struggling through poverty and when there are genuine reason for inability to pay, orders of jails should not be passed.

Haresh Raichura
1/6/13 12:07