- Nikunj Soni
- 08/23/2022 06:00 am
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Cart puller was ordered to pay Rs 10,000/month to his wife but could not pay from his meager income; was sent to prison, ended up with mental problems; HC hearing on Tue
In one particular case that has ended up in Gujarat High Court, a man has said he has lost his mental balance after being put behind bars for failing to pay child support to his wife and teenage daughter. His lawyer said he is now being held in a hospital mental institution. The man has been in a legal battle with his wife for about a decade.
An application for release from child support payments has been made to the HC, which will hear the case on Tuesday. According to the case details, an alimony case between the couple has been pending in Ahmedabad Family Court since 2013. Later in 2018 the man was ordered to pay alimony of Rs 10,000 per month from the date of the lawsuit.
However, the man could not pay the amount as he did not earn well and also took care of the medical expenses of his brother and two sisters. The man had appealed the verdict in the Gujarat High Court. He had claimed that he was unable to pay the alimony ordered by the family court and made a meager living selling goods from a cart. He stated that the court ordered child support payments without examining his source of income. On the other hand, his wife is a teacher and has her own income, he claimed.
Meanwhile, the alimony arrears had amounted to Rs 5 lakh, whereupon his other family members and relatives collected money and deposited it with the family court in 2019.
The man defaulted again and was sent to prison by a family court order a few months ago. Gradually, his mental health deteriorated and he was taken to the Mental Health Hospital for treatment. He continues to take medication for major depression.
On Monday, his attorney filed a motion with the HC to remove the support for his wife and daughter. The lawyer claimed that the man was mentally disabled and unable to work, so he could not pay the amount.
He alleged that his client’s family members previously collected money and deposited Rs.5,000. However, now no one is willing to pay the money for him, so he should be exempted from payment and the documents on his treatment from Sabarmati prison should be filed with the Supreme Court.
After hearing both parties, the court adjourned the case until Tuesday, when the man’s actual disability and follow-up questions will be decided.