Maintanance

Querist : Anonymous (Querist) 13 June 2011 This query is : Resolved
Respected sir,

in 2001 my wife and 2 minor children filed petition u/s 125 of crpc. in 2003 the court ordered Rs.1,800/- per month maintenance for them. but my income was not very good. i din't pay any amount them. in 2007 i met with an accident and lost one leg. till now i am not able to work. and i am having Rs.400/- per month as pension.i am living with my aged parents and elder brother's family. but now the court has ordered to payment of arrears of the maintenance, and on next hearing the court likely to issue warrant against me. i'm worried.
1. is there any remedy for me?
2. can any Interim Application filed for the reduction in the awarded monthly maintenance amount in the court? under which provisions?
3. how can i come out from this trouble?

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M.Sheik Mohammed Ali (Expert) 13 June 2011
you can file a petition to the court natural of accident and pavement of life continuing, the court may accept your petition.

PALNITKAR V.V. (Expert) 13 June 2011
you should have applied for modification of the order after you met with the accident. But you can file now also. Legally, you are liable to pay all the dues as the order of maintenance is still valid and remains unexecuted. If all the relevant facts are proved satisfactorily, court may, in its discretion, modify the order of maintenance from the date of your accident.

prabhakar singh (Expert) 13 June 2011
Mr. palnitkar v v is right in his opinion.

Devajyoti Barman (Expert) 14 June 2011
File an application u/s 127 crpc for modification of the order of maintenance in the said changed circumstances.