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Kalpesh   12 August 2018

Maintenance arrears

Dear experts, 

 I have started paying maintenance from the date of the order that was about 18months ago. I pay on most of the dates in the court itself. And still there is an arrear amount pending to the tune of 50k and I need some more time to clear all that. And I am following the advise of autohide that is , pay a little then stop a little. And like so many victims here, I want her to run around courts for the money for all she did to me and my family. Now a days she is thrusting a bunch of papers under the judges nose and praying that an NBW be issued against me. The honourable judge has asked me to file an objection for that and the next date is going to be the arguments for that.  In case I lose the arguments and the judge decides to issue a warrant against me, what will happen? I don’t own a single piece of land, property or even a vehicle. Will they arrest me immediately or on the verge of getting arrested can I pay the entire arrears  and proceed with the case. I don’t want my defences to be blocked too. I will keep on paying some amount here and there according to my capacity. I am not defying court orders as I am already paying. It is just that I  am willing to pay but not able to . I know there is going to be a barrage of abuses from women and pro women men. So apart from all that I would honestly like to get replies from real victims and learned lawyers who have seen and known both sides of the coin.



Learning

 9 Replies

Krishna   13 August 2018

Dear Shambho, please don't give stupid comments like falling on feet, going to jail etc. If you are a professionally qualified then give proper guidance. People are putting queries here to get 2nd opinion and some couldn't afford a lawyer
1 Like

Krishna   13 August 2018

Shambo is a woman disguised as a man and wants to terrorise men here. Just registered on 6th August, 2018, giving stupid guidance. In maintenance case, arrest is last resort,to recover dues

(Guest)

If there are arrears, you should clear them. If there is divorce case or any other matrimonial case pending, that wont move until you clear dues of maintenance/alimony to wife.  Rest all explained by above advocate.  You may proceed as it suits you.

1 Like

Kalpesh   13 August 2018

There is no question of evading arrest or even getting caught . First of all I am not running away. I attend all the dates, sure as the sun. NBW can’t be issued without the judge hearing my part of the story as to why I am not able to pay. That is why arguments are slated for the next date. Then also I am going to be present. It is not that I have committed a crime or something. I am not able to pay and if I pay up I will be free. I wanted to find out whether  a warrant is the last resort. 

And dear smartin sir, maintenance in DV case won’t put a stop to divorce case proceedings. Thank you smartin, that was an answer and I like d it.

Shalini Aakash (Advocate)     13 August 2018

Issue of warrant in maintenance case depends solely on whether you paid dues or not and if judge is women oriented, yours is gone case.

Kalpesh   13 August 2018

Madam Shalini Aakash,

that was not an answer. Only when dues are not paid the question of warrant arises. And your second line, that is the rhyme generally inefficient advocates sing. When they do not present proof or fail to make a good argument, they simply tell the hapless client that the judge is  pro women. (Not woman oriented). So madam you mean to say lawyers do not have a point and it all depends on what stuff the judge is made of. Very poor. Again not an answer. So ideally we should be seeing only warring  parties and some judges in a court of law. Then why are we seeing so many lawyers in courts? May not have an answer for this. 

Kalpesh   13 August 2018

So you mean to say advocates are there only to say “your case is gone”

Krishna   13 August 2018

Divorce and maintenance case are different, if you don't pay arrears, if divorce case filed separately it will not stop. There are judgements to use arrest as a last options to recover dues, that too for 1 month
1 Like

BABU [BHAIYYA] RAMPURWALE   14 August 2018

It is correct, some judgse favor women.  Then you cant do anything.  Just keep paying alimny or go for appeal.


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