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news details
Father jailed for ignoring maintenance to son battling dreadful disease
2/17/2020 9:53:53 PM
EARLY TIMES REPORT

SRINAGAR, Feb 17: A court here on Monday sent Mohammad Sultan, a resident of Budgam in central Kashmir, to jail for a month for not paying maintenance to his wife and minor son, who is suffering from a dreadful disease.
“It is very unfortunate that the respondent (Sultan) despite being in knowledge about the disease from which his son is suffering, has neglected to maintenance the petitioners (wife and son) and also willfully neglected to pay maintenance as directed by the Court for such a long time,” Sub-Registrar,
Judicial Magistrate 1st Class Srinagar said in an order in an execution petition.
It was submitted in the execution petition that the Court on March 12, 2019 had directed Sultan to pay monthly maintenance of an amount of Rs 5500 to the wife and son in the ratio of Rs 3,000 and Rs 2,500 respectively.
“The respondent till date has willfully neglected to pay maintenance amount towards the petitioners. As such (he) was in arrears of Rs 3,85,000 till June 2019,” the court said. Out of these arrears he has paid an amount of Rs 80,000 and the remaining amount of Rs 3,02,400 stands outstanding against him, the court observed.
Sultan’s Counsel prayed that he be given an opportunity to liquidate the arrears in easy installments. However the court turned down the plea.
During the course of arguments, the counsel representing other side submitted that Sultan’s minor is suffering from a dreadful disease. He said Sultan is in knowledge about the same.
“I have perused the prescription provided by the Counsel for the petitioners. The (minor boy) is suffering from severe disappropriate, short stature, which he is a glycogen storage disease. He is also suffering from primary Hypothyroidism,” the court said, adding, “Evidently the petitioner No. 1 (Sultan’s wife) must be incurring huge expenses upon the medical treatment of (son). it is very unfortunate that the respondent despite being in knowledge about the disease from which his son is suffering, has neglected to maintenance the petitioners and also wilfully neglected to pay maintenance as directed by the Court for such a long time that the arrears against him have accumulative to the tune of Rs 3,02,400.”
At this stage, the court said, Sultan cannot be allowed to take the plea the he has a meagre source of income and given chance to liquidate the arrears in easy installments since his son requires huge expenses for his treatment. “The respondent in presence of his counsel had made a submission that he has no property in his own name. Sultan’s counsel made a statement at bar that he has no property in his own name.
“This Court has no other option but to take recourse of Section 488 CrPC Clause 3 and sentence the respondent to imprisonment of (1) one month starting from today i.e 17.02.2020 upto 18.03.2020,” the court ordered.
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