Jail no escape from maintenance dues: Allahabad HC

The Allahabad High Court ruled that a husband cannot evade maintenance payments to his wife and child even after serving a jail term for non-payment. The court directed recovery of arrears with interest, stating imprisonment does not erase legal liability

Prayagraj: The Allahabad High Court has said that a husband cannot escape his responsibility to pay maintenance to his wife and children even if he has already served a jail term for not paying it.

Justice Praveen Kumar Giri, in a recent order, clarified that sending a person to civil prison for failing to pay maintenance does not clear his dues or end his legal obligation to continue paying the amount.

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The court also ruled that the legal principle of “double jeopardy” — which prevents someone from being punished twice for the same offence — does not apply in such maintenance cases under the Protection of Women from Domestic Violence Act, 2005.

The court was hearing a petition filed by Hasina Khatoon, who had challenged a January 2023 order of a Moradabad court that had refused to recover pending maintenance from her husband.

According to the case details, in July 2019, a magistrate had directed Khatoon’s husband to pay Rs 4,000 per month each to his wife and their disabled son.

However, he failed to pay the arrears worth Rs 2.64 lakh.

Following this, a recovery warrant was issued and Khatoon’s husband was arrested in October 2022. He was sent to civil prison for 30 days after refusing to pay the amount.

Even after his release, Khatoon’s husband did not clear the dues. When the wife again sought recovery, her plea was rejected by the lower court on the ground that the husband had already served a jail term for non-payment of the arrears.

Setting aside the trial court order, the high court said that imprisonment for default does not wipe out the liability to pay maintenance.

The court directed the trial court to pass a fresh order for the recovery of the pending amount along with 6 per cent interest. It also said that if the man fails to pay, his property can be attached to recover the dues.