Maintenance under section 125 of crpc.

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
My friend is a Govt. employee drawing a gross salary of Rs 34000/- per month (Basic pay of Rs 19600/-) .His wife and two sons aged 18 and 13 years has filed a case for maintenance under section 125 of crpc. A degree for Rs. 15000/- per month has been made against him from the date of application i.e. 04.07.2011. As per the order of court He has to pay Rs. 75000/-at a fine and Rs. 15000/- per month. Please tell if he will not deposit the said amount then, in what possible ways the recovery will be made from him.Thanks for any reply.

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Devajyoti Barman (Expert) 30 November 2011
The wife in that circumstances may file an execution case and pray for issuance of warrant of arrest against the husband.

V R SHROFF (Expert) 30 November 2011
1] His son of aged 18 is not entitled for any maintenance; so Apply court to delete his name and his share of Rs. 5000/- p m.

2] On wife filing the execution, Apply to grant time to pay, and pay something, that he can w/o any difficulty.

3] Also appeal, as aggrieved, on the ground I mentioned in my Para 1]., so execution will stop, even if she had filed exe proceedings

Sailesh Kumar Shah (Expert) 01 December 2011
I completely agree with views of Mr. Shroff.

Raj Kumar Makkad (Expert) 01 December 2011
Maintenance order can be agitated on the quantum but fine is not understandable. This is a fit case for filing revision before sessions court. Meanwhile you are advised to start paying current/regular maintenance allowance to some lesser extent.

M/s. Y-not legal services (Expert) 01 December 2011
am also agree with mr.shroff..

Shonee Kapoor (Expert) 01 December 2011
Why fine was imposed? This is a valid reason to challange the said judgement and get stay.

I hope you are not confusing arrears as fine.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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