Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Raj Deshpande (Job)     14 April 2018

125 Maintainance revision

If husband is working and based on his salary and standard of living some maintenance is granted to wife against 125. If husband quit job after the court order of 125, Can he appeal for Maintainance amount? If yes, within how many months?


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 7 Replies

TGK REDDI   14 April 2018

A very good query.     I too don't know.     I too request the Members to enlighten me.      Here the husband quits.      If he loses?     The Hon'ble Members are requested to answer this question also.


(Guest)
Originally posted by : Raj Deshpande
If husband is working and based on his salary and standard of living some maintenance is granted to wife against 125.
If husband quit job after the court order of 125, Can he appeal for Maintainance amount? If yes, within how many months?

If husband quits job he will go to jail.  That is normal procedure in family courts in India.

A maintenance order holds good for 1 year only.  By end of 1 year both husband and wife have to file applications one if she wants alimony, the other if he is unable to pay aliimony.

If husband cannot earn and he can show to court that wife is earning or capable of earning or has assets in her name which can get her income, then husband can plead before family court that he is unable to feed himself and ask maintenance from wife.

Just for avoiding paying alimony to wife, leaving job and posing helpless ------> you will go to jail, your wife will pay 3000 per month to jail to maintain you.

 

Raj Deshpande (Job)     15 April 2018

If is he not medically fit and quit job?

(Guest)
Originally posted by : Raj Deshpande
If is he not medically fit and quit job?

You are simply planning best way to get away from paying maintenance.  There aer lot of ways legally by which you can deny paying alimony ordered by court.  However, medical fitness certificate will be checked by government authorities.  Fake certificate can only land you in jail. You discuss with good advocate who can make you not pay alimony without leaving job, without doing 420 things.

Raj Deshpande (Job)     15 April 2018

Who can guide?

Rishi kumar   15 April 2018

Originally posted by : Rama Kumara




Originally posted by : Raj Deshpande



If husband is working and based on his salary and standard of living some maintenance is granted to wife against 125.
If husband quit job after the court order of 125, Can he appeal for Maintainance amount? If yes, within how many months?





If husband quits job he will go to jail.  That is normal procedure in family courts in India.

A maintenance order holds good for 1 year only.  By end of 1 year both husband and wife have to file applications one if she wants alimony, the other if he is unable to pay aliimony.

If husband cannot earn and he can show to court that wife is earning or capable of earning or has assets in her name which can get her income, then husband can plead before family court that he is unable to feed himself and ask maintenance from wife.

Just for avoiding paying alimony to wife, leaving job and posing helpless ------> you will go to jail, your wife will pay 3000 per month to jail to maintain you.

 Rama Kumara sir, 

you have said that maintenance orders are for one year only. I have been ordered to pay maintenance to wife from July 2016 and I have started paying but arrears are there. So here, can I stop paying after I complete one years maintenance and ask her to go and work? She is a post graduate sitting at home.  Kindly elaborate. Her lawyer is pressing for recovery memo for arrears.

 


(Guest)
Originally posted by : Rishi kumar



Originally posted by : Rama Kumara







Originally posted by : Raj Deshpande



If husband is working and based on his salary and standard of living some maintenance is granted to wife against 125.
If husband quit job after the court order of 125, Can he appeal for Maintainance amount? If yes, within how many months?





If husband quits job he will go to jail.  That is normal procedure in family courts in India.

A maintenance order holds good for 1 year only.  By end of 1 year both husband and wife have to file applications one if she wants alimony, the other if he is unable to pay aliimony.

If husband cannot earn and he can show to court that wife is earning or capable of earning or has assets in her name which can get her income, then husband can plead before family court that he is unable to feed himself and ask maintenance from wife.

Just for avoiding paying alimony to wife, leaving job and posing helpless ------> you will go to jail, your wife will pay 3000 per month to jail to maintain you.

 Rama Kumara sir, 

you have said that maintenance orders are for one year only. I have been ordered to pay maintenance to wife from July 2016 and I have started paying but arrears are there. So here, can I stop paying after I complete one years maintenance and ask her to go and work? She is a post graduate sitting at home.  Kindly elaborate. Her lawyer is pressing for recovery memo for arrears.






 

Please type outside original message. So that it will help everyone who reads.

Now what you should have done is. If today 15-4 2018 maintenance was ordered for an application given 2 years back.  Say 10-1-2016.  Then you will have to pay from 10-1-2016 till 15-4-2018.  You pay in one shot.  Clear off old dues. Then from 15-4-2018 the new account starts for 1 year from 15-4-2018 i.e. 15-4-2019.  If you cleared old dues. And if court ordered 10000 per month.  Then you pay 10000 per month from 15-4-2018 to next one year i.e. 15-4-2019,  But remember you file application citing change in circumstances with family court or appropriate munsiff court if under DV act or 24 HMA. Within completion of 1 year.  That particular date you file application. Once your application is recieved by court and court will conduct trial on that application. It may take 5 months, 10 months, 1 year to decide that application.  Meantime alimony you need not pay. If wife wants alimony in meantime, she has to file interim applicaiton seeking aliimony till your change in circumstances application is decided. Court looking at both applications if it ordered 10000 previously, it may order 2000 per month IA for time being.  You start paying 2000.  The same will be converted to permanent alimony by end of that trial of your change in circumstances application.  Then dont mess up. If once court reduces alimony keep paying regularly.  In mean time if wifes expenses increase she can always file change in circumstances application seeking higher alimony than 2000. So for every application she files to increase alimny you have to file counter each year. These applications cannot be filed  mid year. Only at end of 1 year it can be filed.

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