• Maintenance arrear

My wife file 125 case in 12 Jan 2019
I have been x party in 125 maintainance case in April 
Recovery order started in june
I come to know about this case in Aug and appear in it.
In x party case judge consider my salary as 1.5 lkh per month which is 40 k in hand only.
Judge ordered maintainance of 30k per month.
I did restore of case using 126 and case again started but judge imposed decision to pay arrear amount of 1.2 lkh as per 30k per month.
I went HC with order 1 but no change in order of arrear recovery.
Please advice what to do as awarded amount is so much high.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

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12 Answers

File appeal against HC order in SC as your monthly income is only Rs 40 k and not in position to pay maintenance of Rs 30 K per month 

 

2) enclose copy of your bank statements, income tax returns 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Have to pay otherwise will be arrested. And contest the maintiancne case. If in final order, amount reduced than already paid excess amount will adjust with future payment.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Initially you can pay arrears amount because you have not appeal the order within 90 days, so it went against you in the high court as well.

Now you do one thing request court that the 1.2 lacs will be paid in installments per month 10k.

 

And continue your appeal order for reconsideration to decrease maintenance amount from 30k to 10k per month.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

You need to file a slp in supreme Court and seek interim stay of the said order

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

See you can.file.a petition before supreme court though challenging order before SC can cost you more then the maintenance arrears though you may engage advocate who can contest on your behalf to reduce the maintenance wrongly granted.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Since you have not got any relief from the HC you have only two remedies-either go to Supreme Court or comply with the order of maintenance and pay the arrears.

2. On failure to pay the arrears of maintenance you can be arrested and sent to judicial custody.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If you are aggrieved by the order of the high court then your option lies in supreme court.

2. If you do not or SC affirms the same order then i regret there is no other option but to comply with the order of the Magistrate. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

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.

Q. 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 seperately by mutual consent (Section 125(4) of CrPC).

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You cannot do anything even if high court did not revise the orders passed by the trial court.

At the maximum you can request for payment of arrears amount in installments.

You can challenge her claim by properly fighting the main case by producing the documentary evidence to prove her claim as false and fabricated.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

As the exparte order is passed against you then in such cases we should file an application under order 9 rule 7 of CPC for condonation of delay to set aside the order/decree passed by the court. alternate you can file appeal before HC .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should have filed application to set aside Ex-parte order and restoration of maintenance suit under section 125 CrPC

2. Now you can make application under section 127 CrPC for alteration of maintenance but for that you have to pay arrears of maintenance to your wife. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the order has been passed by the lower court on the wrong information given by your wife on affidavit.
  2. And in fact, HC is not justified in not considering the fact of your salary and bank details.
  3. As HC has rejected it, you should go before the Hon’ble SC in appeal against the said order and also stay on the payment till the final disposal of the case.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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