Mumbai: BMC worker refuses to pay Rs 2.6L alimony to his spouse, whom he “by no means wished to marry,” and is shipped to jail | Information from Mumbai
Mumbai: In one rare case, a local court recently sentenced a BMC employee to one month in prison for failing to pay his estranged wife Rs 2.64 lakh in alimony. The court said the defendant would be released after paying.
In 2017, the man who earned 30,000 rupees was sentenced to pay a monthly alimony of 6,000 rupees. However, when he failed to pay the money, the woman went to court and requested his detention under the provisions of the Domestic Violence Act for failing to pay the arrears.
The couple married in 2008. The woman had accused him and his family of cruelty. She claimed the man told her he would never marry her. She further alleged that the man’s family did various things to make sure they never had privacy. The woman also accused her of physically abusing her. In 2016 she moved to the district court. In 2017, the court ordered the alimony to be paid.
However, the husband did not pay. The woman moved the court again earlier this year. The court had also ordered the man’s employer to deduct Rs 10,000 a month from his salary. However, since he was absent from work, he was paid a lower wage, so that an alimony deduction by the employer was not possible.
The woman then turned to the court to recover the arrears. In February, the court ordered the man to be taken to prison for not paying child support for a month. The man made a partial payment of 20,000 rupees. The court then ordered his release. It warned him that if he did not pay the balance, he would be sent back to prison.
When he defaulted again, the woman went to court. However, the man did not respond. The court issued an arrest warrant against him.
“The file shows that the respondent [man] is a civil servant and receives a handsome salary, but does not pay the applicant any maintenance [woman]. I asked the defendant whether he was willing to pay maintenance or partial maintenance. He claims that he will not pay the complainant a one-time alimony because he is willing to live with her, ”the court noted in the decision.
The man even said he was ready to go to jail but not to pay.
“Even today he is not prepared to pay maintenance or partial payments for it. So I have no choice but to send the defendant to jail for failure to provide maintenance… ”the court said.