Payment of Maintainance Arrears to wife - Section 125(3)
I have received notice from Moradabad Family court dated 7.9.2015 under Section 125(3), CRPC for payment of arrears of Maintenance to my wife. In this regard, I have already paid excess amount of Rs. 1,14,000 against Maintenance amount payable to Smt. Shobhana Gupta as per the orders of honorable family court, Moradabad dated 21.4.2009 of Rs. 3000 per month w.e.f 20.12.2003 & enhanced amount of Rs. 5500 per month w.e.f. 6.4.2012 by honorable High court, Allahabad dated 12.2.2015. I have paid regularly Rs. 3000/- per month from May,2009 & now, payment till Oct,2015 is made in Moradabad court for last 6 years 6 months i.e. 78 months at rate of Rs. 3000/- per month and also paid Rs. 48000/- as interim Maintenance in Moradabad court earlier in 2006 & 2009 also. However, under section -24 of divorce petition filed by me in Faridabad district court, I have paid Maintenance of total Rs. 3,64,000/- for period of April,04 to July,08 (52 months) at rate of Rs. 7000/- monthly. However, this amount was not taken into account for adjustment in its order dated 21.4.2009 by Family court-Moradabad for payment of arrears.
The undersigned had approached to High court, Allahabad in July,2009 against the orders dated 21.4.2009 of Family court-Moradabad for adjustment & consideration of Maint. amount of Rs. 7000/- (total Rs. 3,64,000/-) already paid monthly to Smt. Shobhana in Faridabad court for period of 52 months from 15.4.2004 to 15.8.2008. The High court, Allahabad in its order dated 12.2.2015 clearly stated that the entire amount of arrears be paid after adjustment of total amount already paid by Shri Vineet Goyal. Despite this, my wife has claimed for arrears of 2,50,000/- to be paid in Moradabad Family court. Still, I think, court has not considered the amount paid in Faridabad court as this amount not mentioned by my wife in his recent application for arrears. If this amount is considered, about 1,14,000 (3,64,000 – 2,50,000) excess amount has paid by me.