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
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.
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
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.
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.
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.
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.
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.
Dear Sir,
Produce the following documents in your defense:
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).
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.
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 .
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.