25 August 2015
Initially wife filed 125 crpc. During pendency of 125 crpc she filed another maintenance case under order 7 rule 1 cpc (suit for maintenance) Her prayer is:
1) Directing the defendant to pay sum of monthly maintenance of rs.20,000 2) To create CHARGE over the schedule property for recovery of monthly maintenance.
Court ordered to pay rs.4000 monthly in 125 crpc case. I asked my wife to give her bank SB account number and details. So far she DID NOT GIVE those details. So I could not pay her montly maintenance through BANK.
During pendency of suit for maintenance, I mortgaged my properties to individual person and got loan. I could not pay the loan with interest, So I had to sell the properties to the MORTGAGEE( third person). I am ready to pay her monthly maintenance. Suit for maintenance case is in evidence stage:
My question is: 1) Even if I had sold my properties, will the court pass order to attach the properties? (no properties in my name. There was no injunction or stay order when I sold the properties)
2) What will court do if I could not pay the maintenance amount?
26 August 2015
@ Admin LCI, We have decided to abstain from replying the queries raised on this platform as many non-legal members account have been opened which is against the rules and ethics. Kindly look into the serious objection raised by experts with respect to the account/ membership of non-legal persons on this platform. Dr. (Maj) J C Vashista, Advocate