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Wednesday, July 28, 2021

Man gets 9 months in jail for not paying maintenance to wife

Nilofer, a resident of Nanpura area of Surat, had filed an application to the Surat JMFC court in August 2019, stating that she was married to Mujahid on January 3, 2015 and the couple had two children.

By: Express News Service | Ahmedabad |
June 26, 2021 7:19:59 pm
Nilofer, a resident of Nanpura area of Surat, had filed an application to the Surat JMFC court in August 2019, stating that she was married to Mujahid on January 3, 2015 and the couple had two children.

A Surat Judicial Magistrate of First Class court Friday sentenced a man to nine months’ imprisonment for not paying monthly maintenance of Rs. 1,43,500 to his estranged wife and children.

JMFC judge Yogita Sharma mentioned in the order that Mujahid Dudhwala, a resident of Sagrampura area in Surat, had defaulted payment of Rs. 1,43,500 for a period of nine months to his wife Nilofer Dudhwala.

Nilofer, a resident of Nanpura area of Surat, had filed an application to the Surat JMFC court in August 2019, stating that she was married to Mujahid on January 3, 2015 and the couple had two children.

She, along with the two children, was thrown out from her in-laws’ place on October 27, 2018, after quarrels with her husband.

Nilofer, in the application, had accused her husband and in-laws of domestic violence and had demanded monthly maintenance from her husband, through advocate Ashwin Jogadia, in 2018.

JMFC Judge Surbhi Sharma had passed an order in August 2019 mentioning that Mujahid has to pay Rs 8,000 as monthly maintenance to his wife, Rs 4,000 for his son and Rs 2,500 for his younger daughter. In the order, the judge had said, “The accused has to pay the maintenance amount of Rs 1,43,500 to his wife for the time period of nine months starting from December 2018 to August 2019.”

Even after the court order, the accused had failed to pay the maintenance amount, following which Nilofer, filed another application at the court on February 18, 2020. The court had issued a distress warrant for the recovery of the due amount from Mujahid.

The order was returned unserved as he was not present at home.

On April 5, 2021, Nilofer had filed an application with the JMFC court for the issuance of a distress warrant for the recovery of the due amount from the her husband.

The application was accepted by the court which directed the police to bring the opponent (Mujahid) in the court on June 19.

After hearing both sides, JMFC court judge Yogita Sharma sentenced the accused to simple imprisonment and passed an order stating, “The opponent, despite, doing a job in a hotel, is not willing to give maintenance amount to his wife.” The court order further said that Mujahid will be released on bail if he pays the due amount.

After the court order, police took Mujahid to Surat district central jail.

Nilofer’s lawyer Ashwin Jogadiya said, “My client had faced great hardships while staying at her parent’s place during the Covid-19 pandemic. Meanwhile, the husband has uploaded photos of him touring at holiday destinations on social media, which we submitted before the court.”

Defense lawyer Advocate Feroz Pathan said that they will challenge the order in the upper court in coming days.

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