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mantainance

(Querist) 17 December 2010 This query is : Resolved 
sir,
one of my friend working in advocate office as an office boy , he may get 1500 salary per month , he filed divorce case against his wife ,she is claiming 10000/- mantainance , in mediation she admitted she is working in garment , in objection statement he stated i am am earning only 1500 which not even enough to mantain myself and i have takecare my mother also,and he stated ,when she is earning ,court may order to pay matainance to me,

what may be the oreder ?
if court order to pay mantainance ,what is next ,
if i am not complied the order is there any provision to send me jail
Devajyoti Barman (Expert) 17 December 2010
If your friend has filed a divorce suit then how could you be sent to jail?
The court may pass any order of alimony pen dente lite in accordance with the income of the husband in default of which he may not be sent to jail though his salary may be attached or his suit for divorce may be stayed till payment of arrears in alimony.The said order of alimony can be challenged before the High Court.
raghavendra (Querist) 17 December 2010
thank you
and that is not me ,but my friend only
SANJAY GUPTA (Expert) 17 December 2010
Yes Dont fear about jail, you said your friend working in an advocate firm. Ask him to help your friend out of such trouble.
raghavendra (Querist) 17 December 2010
this advice for that office boy only ,who is working in advocate firm, taht is labour law firm that is why this problem
Praveen Kumar Tewari (Expert) 17 December 2010
tell us that in your case what is done in mediation.
s.subramanian (Expert) 18 December 2010
I agree.


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