The law does not recognise inability of husband to pay maintenance to his wife and children.
The popularly known rule is "Borrow, steal or loot, but pay maintenance to your wife and children.. Or go to jail"
This rule is inhuman.
Today a very poor husband came to my office.
I advised him
1) Do not expect from me that I will be able to make any changes in this law.
2) Apply to an Insolvency Court to declare yourself an insolvent.
3) Then be prepared to be jailed.
The facts of husband's case are very hard. But I prefer not to discuss it. The husband is in suicidal mode. Many husbands like him have already committed suicides. But reports have not reached where they ought to have reached.
Courts are unwilling to examine husband's poverty or his incapacity to pay.
Because the law of Sec.125 of Cr.PC. is an original Colonial Law enacted in those time to meet social conditions of those era. Thereafter, it is being followed but I do not find any citation where law can refuse maintainance on the ground that husband is living below poverty line or on the ground that he is living hand to mouth. Jail is his option if he is unable to pay.
Perhaps, the law here is supposed to be blind.
Haresh Raichura
The popularly known rule is "Borrow, steal or loot, but pay maintenance to your wife and children.. Or go to jail"
This rule is inhuman.
Today a very poor husband came to my office.
I advised him
1) Do not expect from me that I will be able to make any changes in this law.
2) Apply to an Insolvency Court to declare yourself an insolvent.
3) Then be prepared to be jailed.
The facts of husband's case are very hard. But I prefer not to discuss it. The husband is in suicidal mode. Many husbands like him have already committed suicides. But reports have not reached where they ought to have reached.
Courts are unwilling to examine husband's poverty or his incapacity to pay.
Because the law of Sec.125 of Cr.PC. is an original Colonial Law enacted in those time to meet social conditions of those era. Thereafter, it is being followed but I do not find any citation where law can refuse maintainance on the ground that husband is living below poverty line or on the ground that he is living hand to mouth. Jail is his option if he is unable to pay.
Perhaps, the law here is supposed to be blind.
Haresh Raichura
