File appeal against said order of family court before the HC
2) considering you are unemployed order of family court awarding Rs 20000 a month would be modified by HC
Maintenance
Hi this is ShaiMrithun 35 years of age I filed divorce after 2 months of marriage(2012) under cruelty ground and I got divorce 10 months back..my ex wife have filed dva,498a(all these against me my mom and dad), maintenance and a criminal case on me and still harassing me and forcing me for out side court settlement for 30 lakhs but I don't have that much money to give her... she lived with me for only 20 days then she left..am the only child for my parents who are above 65 of age..we three suffering a lot as my mom is a diabetic patient for above 20 years and my dad is a heart patient... From the day of marriage the problem started and from that time it's was very hard for me to concentrate on work, till now I don't have a job (other than attending cases)to look after my parents we survive from my dad's pension alone..after five years of maintenance case today judge has orders to give 20,000 per month and to pay the money from the date of petition that is around 12 lakhs by one month and to pay 20,000 every month... I really don't have job and that much money to pay...I beg all u plz help me out...what I have to do next ? If I go for appeal will I get this stayed or I have to pay the part money ? Still we all three roaming for all the cases which she filed on us..we have to travel 90 km frequently to attend the cases...plz help me out...thanks in advance
Asked 8 years ago in Family Law
Religion: Hindu
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10 Answers
You may appeal against the order for maintenance citing your present financial condition. You may also file a criminal complaint for blackmail against all concerned.
When you don't have sufficient means, on what basis did the court arrived 20k?
If it is 125, then you should adhere if not, if enforced, you will be imprisoned.
Having reached the end of the story, you don't have an option, even preferring a revision will not help, as you will be directed to deposit the decretal amount till disposal of appeal.
You can file appeal before the High court, ask for a stay from HC till the appeal is decided.
Given your financial condition the order may be modified, you should keep all evidence regarding your income before the Court.
Please file a counter case under sec 127(1) of crpc before same court stating circumstances have changed and you are unable to pay such huge maintenance. Or you can go on an appeal in.high court seeking for reducing the quantum of maintenance amount.
Below are the two citation one from Supreme Court and one from Calcutta High Court. The Maintenance is to be paid 25% of net salary. As of now you are not employed as well means you are job less.
Provide these latest citation to court.
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
"Twenty-five per cent of the husband's net salary would be just and proper to be awarded as maintenance to the (former) wife. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case... and the court would be justified in moulding the claim for maintenance passed on various factors," the bench said.
While stating that the high court was justified in enhancing the maintenance on the basis of the husband's salary, the SC bench noted : "However, since the appellant has also got married a second time and has a child from the second marriage, we think it proper to reduce the amount of maintenance of Rs 23,000 to Rs 20,000 per month as maintenance to his (former) wife and son," the court said.
The couple has been fighting a legal battle over maintenance since 2003 when the district judge fixed the amount at Rs 4,500. The high court, however, awarded Rs 16,000 per month in 2015 and increased it to Rs 23,000 in 2016 as the husband's salary went up from Rs 63,842 to Rs 95,527.
The apex court's ruling follows its inclination to protect claims of women in matrimonial disputes affecting their financial status. "A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property... . It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties," the apex court had said in a judgment it had delivered in 2016.
Hello,
If the FIR is pending and the charge sheet has not been filed then I would advise you to approach the court and file a petition for getting the FIR quashed under article 226 of the Constitution of India.
Contact a local lawyer for filing the same.
Regards
You can prefer an appeal against the judgment before the high court if this maintenance case was decided by the family court.
You will be instructed to deposit an amount in the court to allow your memorandum of appeal.
You cannot say that you dont have money to deposit, if so then your appeal will be dismissed or may not be taken into file at all.
Immediately challenge this in an appeal.
You have good chances that you will get a stay on this.
The Court might ask you to make a partial deposit before entertaining this appeal.
Dear Querist
appeal is only option you have, because the Judge passed the maintenance order based on your income and status and if you have not able to paid the amount you may be sent to jail for non payment of maintenance under section 125(3) of cr.P.C. or Under section 128 of Cr.P.C.
in Appeal it may be possible that you get some relief and stay on proceedings, it may also be possible that the court passed an order to pay 50% of amount before admission of your appeal.
You may file an application under section 205 of Cr.P.C. for permanent exemption for your parents and they will not be needed to appear before the court on court hearing until and unless the court specifically directed for their appearance.
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