Report No. 73

Criminal Liability for Failure by Husband to Pay Maintenance or Permanent Alimony Certain to the wife by the Court under Certain Enactments or Rules of Law

Chapter 1

The Substantive Law and Amendments Recommended Therein

1.1. Genesis of the Report.-

The following suggestion from the President of the League for Social Justice, Pune, sent to the Minister of Law, Justice and Company Affairs has been referred1 to the Law Commission for the expression of its views:

"Maintenance and Guardianship Act, 1956. In various matrimonial disputes where the court sanctions payment of alimony or maintenance to the wife, it is found in practice that the husband unilaterally stops such payments after sometime and to seek redress the wife has to go through various legal actions to remedy such stoppage of payments. It is recommended that the existing law should be so amended that the husband cannot stop the payment of alimony or maintenance to the wife without prior permission of the competent court. Failure to obtain prior permission of the court before stoppage of "payment of maintenance/alimony should be treated as contempt of court punishable with imprisonment. Such amendment of law, as suggested above, will grant relief to the suffering women who are deprived of getting maintenance from their husbands."

1. Ministry of Law Justice and Company Affairs, Legislative Department, Leg. 11. Section, Diary No. 2692/77-Leg. 12-12-1977.