• Review of Interim Order of Maintenance

Lower court [Howrah Court, West Bengal] ordered to pay Rs.80,000 per month to wife which was duly revised by session court to Rs.18,000/- per month provided same must be paid by 10th of every month. The order was passed on December 2019 and till March'2020 i was duly paying the maintenance amount in court since my wife has not provided her bank account details. After 23rd March 2020 due to lockdown situation i have not paid any sum till 08/07/2020 and on 09/07/2020 and 10/07/2020 have paid 18,000 respectively via Money Order [since courts are still closed]. Now i have 3 questions:-
(a) Will the order of session's court will continue to be valid since i have not timely paid the maintenance due to lockdown situation in the country;

(b) If money order is returned [i am afraid my wife is not currently residing in her current residential address which she has shown in the court] will i have to repay her;

(c) Due to Lockdown, the business has suffered alot and this is really tough time to survive, i am in a very difficult position as i am not earning since 3 months. I am not denying that i will not pay maintenance to wife but 18000 per month right now is too much for me. Can session court revise his/her order or i can file writ petition at High Court.
Asked 5 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

21 Answers

As per facts of your case and order of Sessions Court in revision order you are bound to pay unless that order is modified. You can WhatsApp your wife and ask her Bank details for paying maintenance as per the Court order.

E mail,WhatsApp and Telegram sources of social media is allowed by Supreme Court in its recent ruling that summons and notices are valid services on social media construed admissible evidence under the Law for service and record. 

Your problem to pay your wife maintenance as per the order of Sessions Court may be brought to the notice of the Sessions Court for modification or extension of time by filing a miscellaneous application for REDRESSAL OF YOUR GRIEVANCES DUE TO COVID-19. The Court may take leniency in your matter while disposing of your case.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Court would consider reason of non compliance and order would continue of payment of Rs 18000. Per month 

 

2) if money order is returned send wife message to provide her bank details 

 

3) if your income has reduced file writ in HC against maintenance order

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Produce your latest bank statements in court 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Yes if it's returned and you know her new address you Need to pay her

You need to apply and go for revision before HC if the same is ordered by family court and in session court if it's passed by magistrate court

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Yes, by paying 2K to 5K initially and request court that will pay balance amount in installment as and when business will run in good financial condition. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Don't worry.  The order is meant to be in spirit which you have rightly done and not in letters. 

2. Yes . Return if money or even refusal to accept maintenance doesn't relinquish the right of wife to maintenance. 

3. Sessions court has now become functus officio to pass any further order.  So your remedy lies in high court under section 482 of crpc.

Feel free to contact for further course of action. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear sir, 

Order of court will remain valid and existing; 

If money order is returned you will have to keep the shara wat it says that will carry as an evidence to prove that you tried paying amount to your wife through money order; 

As all business are in loss every1 suffers the same situation that you have to reopen the case and request the court to lower the amount as your not in position to pay that much amount to your wife due to covid 19 situation and submit all your documentary proof of loss of business as an evidence by which you may allow to get lower amount to be paid monthly;

 

 

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

1. You have valid reason for supporting your failure to pay on the schedules period. The Session's court's order will  be considered to be continued by you unless the other side files any petition claiming payment or Rs.80 K originally ordered by the lower Court.

 

2. If money order is returned for her not being available at the said address, you shall have to pay the same when she makes herself available.

 

3. You can file a petition for revision of the said order by the Sessions Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Order for payment oif rs.80 K towards maintenance was too much to the higher side.

 

2. Even after getting the order from the Sessions court, you could have file an appeal before the High court challenging the said order praying for further lowering the maintenance amount. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

(a) Yes, the session order will continue to pay Rs.18000/- and it cannot be changed until other party 
challenge the same before the High Court.
- Since, you have not paid due to the reason of lockdown , hence also court will not take any legal action , as the work
of the court is suspended.

(b) Yes , you can send he by money order , so that you can produce the proof of your payment , even the said M.O. 
returned back to you due to changing of address.

(c) No need to approach the Higher court. Just send the amount what you can to show that you have complied the 
passed order of the session court.
- Further you can mention before the court , that due to lost of job , you were unable to send the amount as ordered
by the court.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

A. Why session court order will be valid. Ypu have to pay as per HC orders.

B. Yes you have to replay if money order returns. 

C. Yes you can file revision of the order 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1.  The entire nation was reeling under the lock down situation hence no adverse action would be initiated against you for non payment of the monthly maintenance.

In fact she should have filed an application for collecting the maintenance amount in the event of the respondent not paying the same regularly. 

However court order will remain in force even in the given situation.

 

2. If the money order is returned then you keep the evidences safely so that you can challenge if she is informing court that you failed to obey court order.

 

3. If you re aggrieved by the decision of sessions court then you can prefer an appeal against it before high court, but you cannot claim exemption from paying the maintenance amount for any reason.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The court will  go into merits  while passing an order.

She would have mentioned before the court about your income through practice, hence the court inclined to her prayer  and passed an order as stated by you.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The order is still valid, but you will not be treated as defaulter as the normal functioning of the court has not yet started. You can file a review petition in the high court and i suggest you to go slow till the court reopens.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

The court's order is valid and you have to pay the amount unless you challenge it and obtain a stay order. If the money order is returned then don't pay the maintenance amount unless she gives you hwr bank account details.

A revision should be filed against this order and the current situation must be explained in the high court. A revision is maintainable in the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. The order of Sessions Court continues to remain in existence unless vacated or set aside.

2. Since lockdown is a force majeure the validity of all orders passed by all courts has been extended by the Supreme Court. On merits also the courts are aware that earning capacity of people has been hit drastically on account of lockdown, hence it is most unlikely that it will vacate the order on the mere ground that you did not pay it till 10th of every month.

3. You are free to challenge the order of Sessions Court in High Court if you are still within the period of limitation.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Order is final and you are liable to pay due amount.

Have to pay later if MO returned.

Court may not revise as order have become final but court may grant you relaxation to pay in installment.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Yes order will remain in force as you were not paying maintenance because bank details of wife was not available with you. 

2. Yes you have to pay her maintenance if she doesn't recieve money order. 

3. You can make an petition under section 127 CrPC for alteration of maintenance on sessions court. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Just for your information that no court is closed now you can deposit the amount in the same very account and even if you have made the money order and if it is returned because of the wrong address you have to deposit the amount you cannot take any excuse to pay the allowed amount as maintenance.

in case you are looking for the division of maintenance not allowed by the court you can file revision petition for the maintenance under section 127 in high court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

if money order is returned, keep acknowledgment copy receipt, if she file any petition regarding same you can enclose this receipt before court.. 

You can definetly ask the court through a writ petition to reduce the monthly maintainance inview of pandemic covid 19 situation. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

go for a revision in high court for reduction in the maintenance amount explaining the circumstances. Your maintenance will be reduced. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer