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Reduction in maintaince under 125 crpc

(Querist) 12 June 2012 This query is : Resolved 
Hi,
An order of paying Rs 8000 per month has been passed by family court gurgaon to my wife who is not staying with from last 2 years & not ready to come back although I am willing to bring back her home.
I am unemployed now..have asked to resigned in may-11 on non performance basis. after that haven't got any job because of all that mental stress. I am staying with my family in delhi. she has not submitted any proof of my income expect address of my last employer. she told i was earning rs 35000 per month. which i denied. but still court passed this order.whereas my salary was rs 13000 per month only. i was not even asked to submit any proof of my income.
Now execution has been filed within one month of order & without serving any notice...family court ggn has issued arrest warrant against me. I have filed a revision petition in high court but the case is not stayed. but give date of hearing 9th july-12. what should I do now. she is more qualified than me. (BA & Teacher training course.) she was working as a teacher before marriage but i dont any documentary proof. whereas I am anly a graduate. what should i do now to avoid this harassment
M.Sheik Mohammed Ali (Expert) 12 June 2012
you file a new petition under sec 127 of Cr.P.C.
Want to Live (Querist) 12 June 2012
Where I have to file this in family court or high court?

I have filed a revision petition in punjab & haryana high court.
ajay sethi (Expert) 12 June 2012
you should have applied to family court for modifcation of order on maintenance on account of changed circumstances .

you should have asked your wife to produce her income tax returns .
Want to Live (Querist) 12 June 2012
Thanks for your reply Sir.

& what about the arrest warrant issued against me. although high court has given date of hearing 9th july-12, but police can arrest me anytime before that.
Sankaranarayanan (Expert) 12 June 2012
no more details u need for ur query, already answered by my friends
Shonee Kapoor (Expert) 19 June 2012
You can not suo motto stop paying maintenance w/o court order.

Regards,

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


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