INTERIM MAINTENANCE


I am Orthopedically Handicapped with 66%. I got married in 2004 and blessed with 2 Girls. I used to get Rs.15000 in a private company. I could able to maintain by performing Puja programmes outside homes. My wife left home in the year 2012 and filed 498A. She was back home in the year 2013 by settling the matter in Lok Adalat. In 2017 i am blessed again with a Boy. I spent Rs6 Lacs for my Wife during her pre mature Delivery process. I am in debt of Rs.10 Lacs. I lost my job in the month of Jan 2018 due to company reasons. Now I am working as Local TV News Reader for Rs.4,500 PM. My wife left home again in March 2018 and filed MC and 498A. My wife filed MC Petition for Rs.40000. After several hearings, the local district court ordered INTERIM Maintenance of Rs.12000 for my wife and 3 minor children. I have approached High Court and filed a petition expressing my inability to pay the amount. The Honourable HC reduced the amount to Rs.10000 and Honourable HC directed the lower court to dispose the trail within a maximum period of 6 months. My wife again filed a petition for the execution of INTERIM ORDER. As of now I am working as Local cable TV News Reader for Rs.4500 PM that I have already produced salary certificate in the local District Court.... Pls suggest me what to do now and what are all the options to rescue from INTERIM Maintenance.......... G V BALAKRISHNA, Guntur AP
 
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Lawyer

Is your wife educated , Does she have an Degree ?

 
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If you do not want to pay any maintenance , file a petition under section 125 crpc(3) stating that you want to maintain wife at your home if she wants 125(3) CRPC is as below : (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month�s 4 [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.�If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife�s refusal to live with him.
 
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If you do not want to pay any maintenance , file a petition under section 125 crpc(3) stating that you want to maintain wife at your home if she wants 125(3) CRPC is as below : (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month�s 4 [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.�If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife�s refusal to live with him.
 
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If you do not want to pay any maintenance , file a petition under section 125 crpc(3) stating that you want to maintain wife at your home if she wants.
 
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Respected Sandipvarma, She is First Class BA Maths Graduate....
 
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