Your wife cannot remarry during subsistence of earlier marriage 

2) if you are unable to pay arrears file appeal against order of maintenance before HC 

See firstly for maintenace case if you are enable to pay and wife is earning then in that circumstances you need to file for modification of order of maintenance showing your inability.

Further if false dowry case is filed in Himachal you need to file a case for quashing same before the high court in Himachal.

Sir,

You file a petition for restitution of conjugal rights and thus she would assist you and actual marriage status would be known.

You can find an application for stay in the execution proceedings in the High Court and high court has the power to stay the execution proceedings against you.

Also, have you filed any appeal against the said maintenance order or not?

Hello,

You will have to fight case in himachal only. 

Approach the Shimla HC in case you do not have financial capacity to pay the arrears. 

Regards 

1) The CrPC 125 law may say 1 month jail for every 1 month of non-payment of maintenance, but practically speaking it has not been used much by judges. 

2) You will need to file your reply in the maintenance proceedings and file an affidavit of your income. If the order has already been passed then you must appeal the order. 

1. File Relief Application before the Court, supported by twelve months of Salary slips and expenditure statements AND last three years of income tax returns (if available) and plead your inability and pray for relief.

Keep Smiling .... Hemant Agarwal

Dear Sir,

Produce the following documents in your defense:

1. Rent agreement
2. Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
3. Medical expenses of yourself and your parents about Rs.5000/- per month.
4. Dependency certificate showing how many family members depend upon your salary like parents etc,

1. What is the maximum maintenance amount for a resident Indian? 
   A. Maximum is around Rs.3000 per month. Exceptions are very rare.
2. What is the maximum maintenance amount for a non-resident Indian (NRI)? 
   A. Maximum is about Rs.10000 per month. Exceptions are very rare.
3. Can I appeal the order of maintenance? 
   A. Yes. You can appeal (get it set-aside) within 3 months of the order.
4. Can I bring some facts to the judge and get my maintenance reduced? 
   A. Yes. 
   1) If the wife is working, then the amount can be quite less.
   2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA). 
   3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc. 
   4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance. 
   5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
   6) Both are living separately by mutual consent (Section 125(4) of CrPC).
   
   
   
   

1. As per the information mentioned in the present query, makes it clear that you have been earning very less and out of that amount, some has been ordered by the court of law to give to your wife as maintenance.
2. Though you may be able to pay regularly, but for the arrears of last three years, you can pay at all.
3. As she has already filed the execution and if you don’t pay then you may be sent to civil imprisonment for three months.
4. I advice you to please make an application before the family court stating your inability to pay the arrears, but would give surely if happen to get some money from somewhere (try to find out some way).
5. Otherwise, if you happen to have any property, then that would be attached for the purpose of paying the maintenance.

You challenge the said order before Appellate court showing your income proof. The appellate court reduce the same. And If she is earning then you can submit that no maintenance from your side may be taken.

Just because you are in Delhi, she cannot be compelled to file cases only in Delhi, she can file the criminal or matrimonial cases from her home town too.

As far as arrears of maintenance amount, you may pay them in installments at your convenience and can explain court about your plight and inability to pay the said amount.

The court will certainly permit you to pay them in installments.