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Maintenance 125crpc

Querist : Anonymous (Querist) 16 January 2012 This query is : Resolved 
Dear respected experts,

Court has ordered rs.6000 as monthly maintenance (u/s crpc.125). I have filed revision petition. I am jobless for 3 years. No children. I have one vacant land as asset. No income from vacant land.

My question is: Is there a chance that court would reduce rs.6000 to a amount which will be affordable by a jobless husband?

2) if Not, what should I do? I tried job. Could not get it. I am 45 years old.
Devajyoti Barman (Expert) 16 January 2012
1. The alteration or modification of quantum of maintenance does not depend upon the unemployment of the husband or father but upon the need , upkeep or surrounding circumstances of the dependents.
No job is no excuse to avoid maintenance.

2. Then go for private job or business. On this ground you can not avoid maintenance nor the aquntum is likely to be decreased.
Khaleel Ahmed (Expert) 16 January 2012
Other side you can file a suit for restitution of conjugal rights against your wife.Press her legally to come and join with you , or give her consent for mutual divorce.
Deepak Nair (Expert) 16 January 2012
You can give a try by filing revision petition stating your inability to pay the amount ordered.
You have to mention the expenses that you incur for your survival too.
DEFENSE ADVOCATE.-firmaction@g (Expert) 16 January 2012
Yes rcr is best solution .
V R SHROFF (Expert) 16 January 2012
U have to pay if she do not have any income.
As no child it can certainly be reduced, if she is able bodied, and can work .

Ur jobless , does't save u' Had she been in ur home, u have to mtn her c 4k??
Lucky, she is not asking residence.
prabhakar singh (Expert) 16 January 2012
Maintenance has several factors not only one,if you are job less it can be reduced if you can show that place where you live and the life standard you have can be satisfied even on a less amount.
Shonee Kapoor (Expert) 16 January 2012
If you have incapacitated yourself from work and the maintenance is fixed on your past earnings, it would not be reduced.

Try other things.


Shonee Kapoor
DEFENSE ADVOCATE.-firmaction@g (Expert) 16 January 2012
Press RCR ., only eascape route to avoid payment of maintenance.
Devajyoti Barman (Expert) 16 January 2012
RCR is not a escape route of maintenance.
Even on the passing of RCR the husband is bound to provide maintenance.
lingraj maradi (Expert) 18 January 2012
yes you can

you already filed revision petition in this petition if you successfully convenience the court than court reduce the maintenance amount if not then you file criminal petitioner before high court

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