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ghansham   22 May 2016

If unable to pay the huge interim in 125 case

hi friends, 

For some strange reason and my lawyers negligence, 125 case proceeded for exparte evidence, only her evidence has been recorded. i am not allowed for evidence, even after a set aside order, exparte again happened , so appealed in high court. in the meantime, the woman has demanded 40000 as maintainence and quoted my salary as 60000 which is not true, so, until high court decides on my condonation of delay application. what will happen....will the court give her the money she has demanded without any proof of my income.?

i know that if in an exparte order if i am not able to pay i will be jailed that is what my lawyer is saying.because i really dont have any money to pay for such a huge sum..i want to know how much time will i be jailed,  ( i am mentally preparing my self to go to jail as i have no option left as i cant present with my evidence due to exparte proceedings) . can i request the court to put me in jail in my hometown? as i dont wish to go to a jail which is in a another state, also. when i go to jail, how much amount will be pardoned off, i mean, how much monetary concession will i be given if i go to jail and come out. i am preparing my self mentally and physically to be imprisoned as i have run out money now....i cant pay the huge sum demanded....



Learning

 11 Replies

A walk alone (-)     22 May 2016

Hire a good and faithful lawyer. Your lawyer is making fool. If you dnt want to pay her money dnt pay her a single money change your current address for sometime till your case in HC live somewhere else. Dnt tell anyone about your current address. Jail in India is not a easy process. If you were not at your address police may not catch you immediately. If police create some problem offer some money to police they will be in your favor. Focus on your appeal case. Without prove of your income HC will not entitled her this huge money. Normally maintenance is just 1/3 of husband income . Read some maintenance related judgments in indian kanoon website
1 Like

Vijay Raj Mahajan (Advocate)     22 May 2016

Pay her something that you can afford to give from your pocket, if you show intention to pay her by this act the court will not send you to jail. What is important the husband should not be neglecting wife who has no means to maintain herself, the intention is never to punish the husband but make him to provide maintenance for the wife.

The provision of jail is being made in the law so that the husband doesn't take this issue casually.

The family court will allow you to pay the amount of maintenance due to wife in easy installment that you can always plead in reply to the execution application of the due amount.

The High court will take its own time to decide the revision/appeal filled by you. The lawyer, who got you twice in trouble and got the court order passed ex-parte, is to be removed and new honest lawyer engaged for the job.

1 Like

ghansham   22 May 2016

thank you so much experts......my lawyer friends told me that i will be put in jail so i was very dejected and upset that i am mentally preparing for the worst.so that tommorrow if the police arrests me, it should not shock me and my family. i have also told my parents to be mentally prepared for such a thing....i dont know how to face it...because case is very old, filed in 2012, so arrears will also add up to such an amount if ordered that i am in a  fix..i cant decide what to do..so much so that i thought of writing to the court on my own to arrest me as i dont want to roam around the courts for a long time before impending arrest..whatever worst that will happen should happen soon. as the wait for the worst is killing.......

A walk alone (-)     22 May 2016

Forget all this arrestment. Nothing will be happen if you dnt want to run court then just go out of state or country dnt give your address to anyone even your lawyer. Nothing she will get only she will run court. You can live happy life out of country. Why you think negative think positive. Focus on your appeal in HC. If police comes at home just offer some money when police will handle all. Brother its India arrestment is not easy in matrimonial cases. They can only harass you as long as you fear. Be brave. Dnt believe your own lawyer blindly. Go out of India for sometime and find someone job there and let her roam court as long as she want.
1 Like

ghansham   22 May 2016

@a walk alone.........thank you brother for your encouraging words. but my parents are old and they need to stay where they are...if i leave tommorrow. what will happen? will the police harrass them,? or will the woman storm into the house and create a nuisance for them? this is the only problem i am facing? else i am ready to do as you have suggested. that is the best i think in this situation. 

A walk alone (-)     22 May 2016

First of all I am sister. You have following choices or options 1) underground yourself and your family for sometime let her roam court and waste her time and money. You enjoy yourself with your parents in other country or state or city. Dnt tell anyone about your location even your lawyer. 2) pay her some maintenance not 100% but pay some so that you can say in court you pay maintenance as much you can effort. Then there will no chance of your arrestment. Focus your appeal case. Apply for divorce and get rid of her 3) pay some money to opposite lawyer , police to make them in your favour. 4) go MCD pay her on time alimony and get rid of her and all cases onetime and live happy life. Life is yours choice is yours select anyone .
1 Like

Laxmi Kant Joshi (Advocate )     22 May 2016

If you don't want to go jail then give her some amount as your pocket allows it shows your intention to pay her maintenance and obey the court order , inform the court about your enefficiency to pay her such huge amount, court will permit you to pay her in installments , if you are not in job and your earning is nothing then inform the court about your unemployment and also your intention not to pay her anything but don't run and hide yourself otherwise court will declare you absconder and police will torture your family members and also court will start proceeding of attachment u/s 82/83 crpc .
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2016

No coiurt will grant 40000 as maintenance wheen UR income itself is 60000.U arenot clear in UR presentation of the query and yet U have been ably assisted by the legal experts who replied.

1 Like

ghansham   22 May 2016

appreciate your help and advise sister, and other experts who have replied. @sainath......actually i am afraid because the case proceeded exparte evidence, without my evidence. that is the reason i expect the court to pay the amount as demanded by her..my income being 60k and she demanding 40k.....

Yaaros   22 May 2016

First remove the advocate by filing request in court showing all the negiligences,faults and possible conspiracy with opposite party, and engage a good advocate... file same complaint in bar councile also...I think you can submit the copy of above complaints along with HC appeal.

Sudhir Kumar, Advocate (Advocate)     17 August 2016

what all all the threads popned on this matter.


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