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Pranesh Jain (Senior Manager)     18 March 2012

Advice please. maintenance.

Hello Forum,

My wife approached Hon'ble FC for maintenance 9 months back during the trial of my divorce petition. Divorce was granted but stayed by the Hon'ble HC and her Appeal is pending. This week orders were granted for maintenance petition in which she asked for arrears of last 36 months @ 40K per month (14.4 lakhs).

Following is the order:

In the result, petition is partly allowed. Rs 5 lakhs is awarded as past maintenance to the petitioner and Rs.15,000 per month granted as maintenance from the date of the petition. The respondent is directed to pay or deposit the same in her account on or before 10th of every month, in case of default the petitioner is at liberty to execute the order by due process of law.

 

At the moment I do not have access to proper Advocate. I hope to get some help from this forum. Please advice.

 

1. By when this 5 lakhs has to be paid, nothing is mentioned. Am I liable immediately ? From when will I be treated as disobeying the Orders and defaulting ? When and what kind of action can be initiated by her to recover this money ? What to expect ?

2. It also seems I have to pay Rs.15K for last 9 months. By when this has to be paid ?

3. Do I have an option to appeal with the HC and can I expect the Orders to be stayed ? Do such appeals depend on merit of the case or mostly on the smartness of the Advocate ? I am concerned that if I do not seek appeal, it means I accepted everything and I am bound to continue to pay for life. I do not want to disrespect the law but I feel it is important to standup for myself. What to expect at the HC ?

4. Can she appeal to HC for more money ?

Please advice or direct me to concerned info. Thanks.

P.Jain



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2012

Dear Mr.Jain

as per you query my opinion is:

1. there is no provision mention in court order that when you will be pay the said 5 lacs amount. she can file an application/petition before the court for execution of the money from you u/s 125 (3) Cr.PC.

2. when she filed the execution before the court and court issue a summon or pass any order against you.

3.  yes, you have right to go before HC along with the stay application. on merit and according to your evidence, smartness of advocate is also count. it's all depend on your evidence , your conduct, & circumstances.

4. yes, she can. she can also file an application u/s 127 Cr.Pc, if there is any change in your income.

 

feel free to call

1 Like

Pranesh Jain (Senior Manager)     18 March 2012

Thanks Mr.Nadeem for your advice.

 

If she has to file application/petition under 125 (3) Cr.PC, when is she entitled to do that. How early can she do that and what generally happens with that. Can I request time from the Court to pay in instalments over 4-5 months or so.... Does it involve police comming to my house first or is it strictly Court. Please advice. Can she file this application even if she appeals the HC. Usually what happens.... ?

 

Thank you.

 

P.Jain

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

She can file execution petition upto 11 months from now.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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