A case from Gujarat has been reported where wife Arti Khatik went to court against her husband who failed to pay her maintenance after separation. The court sentenced the man to 1500 days in jail for non-payment of the same.
In 2014, wife had left her matrimonial home, and thereafter, she filed for maintenance from her husband. Husband Dipak was making ends meet by renting auto-rickshaws. He was allegedly not treated well in his joint family, and due to this the wife had left her matrimonial home along with the children.
Thereafter, the woman filed for maintenance from Dipak, and the family court had ordered the husband to pay monthly maintenance of Rs 5,000 to his wife for herself and their children. However, the man failed to pay the same until January 2019 and subsequently, the wife approached the family court again for recovery of the dues for five years.
When the husband expressed his inability to pay in arrears, the court sentenced him to 1,500 days in jail. The maximum punishment is 30 days for one month’s default in paying maintenance upon court order.
Wife Changed Mind
After the husband was sent to jail, well-wishers of the woman counselled her not to be so ruthless towards her husband. Thereafter, she also realized that she should not have taken this so far, as her matrimonial dispute was mainly because they lived in a joint family.
The woman did not have any grudges against her husband. She had already drifted apart from her in-laws, so she decided to bring her husband back to live with their two children.
She then approached Gujarat high court for husband’s release.
Requesting the high court, the wife and her children filed an application requesting to cancel the punishment given to the man based on their complaint. The application also stated that the couple had reached a compromise to live together for the good of their children.
Justice R M Sareen annulled the punishment, and also asked the family court to pass an appropriate order for