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Suryaa.saravanan (other)     10 December 2013

Domestic voilence

Dear Experts

 

Can Court extend the time limit of arrears in dv act. court ordered maintenance arrears clear in six months, the time limit is expire can court extend time limit again, the arrears is 150000 i paid only 25000. 



Learning

 10 Replies

ADV S PATHAK (lawyer)     10 December 2013

it is the discretion of the court. may be or may not be. for recovery court may ask ur employer to give half of your salary to wife directly or to the court. and the copy of the order of payment must be with the sho ps of ur area. he can come to ur home with ur wife to get payment else he will take u in custody and present before the magistrate. then the magistrate will either give u time or send u in 15 days civil custody in jail on the expenses of your wife.

GOPAL SHARMA (LAWYER)     10 December 2013

YES, COURT CAN EXTEND THE TIME .

gautam (not disclosed)     11 December 2013

what if husband resigns from the job citing lack of motivation and concentration

Suryaa.saravanan (other)     12 December 2013

dear expert

 

right now i am not working, with out proof judge ordered the maintenance amount... i am paying monthly rs. 4000, but i am not paid arrears of Rs. 124000, what should i do can i ask time to judge, my wife filed execution petition also. i dont have job write now. 

Adv. Chandrasekhar (Advocate)     12 December 2013

If you are paying something every month it shows your bonafide intentions and if you show cogent reasons for not paying arrears, court may consider your case favourably to extend time.

Suryaa.saravanan (other)     12 December 2013

Dear Chandersekhar Sir

 

both are belong to poor family, both are residing in juhgi, i want time to pay arrears which is big amount to me rs. 124000 and i am giving permonth rs 4000 

Adv. Chandrasekhar (Advocate)     12 December 2013

In the court mind that weighs heavily that if you will be put behind the bars, she will not get even that 4000/ so, show cogent reasons for seeking time to pay arrears.  If arrears appear to be on higher side, you should have challenged in higher courts.

gautam (not disclosed)     16 December 2013

if maintenance amount is too high without any basis, it can be and should be challenged in higher courts.

there is always some basis on which maintenance amount is calculated, i am not sure if that is listed down in the judgement itself, what did your judgement say?

also any change in circumstances (like u not working) eventually calls for a revision of maintenance petition.

gautam (not disclosed)     16 December 2013

if maintenance amount is too high without any basis, it can be and should be challenged in higher courts.

there is always some basis on which maintenance amount is calculated, i am not sure if that is listed down in the judgement itself, what did your judgement say?

also any change in circumstances (like u not working) eventually calls for a revision of maintenance petition.

gautam (not disclosed)     17 December 2013


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