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malaika   16 February 2022

family court order shows no maintainence to be paid to my Brother's wife, yet he is .being forced to pay arrears of 1.5 lalhs by the court.

sir

A family court order in Mumbai says no MAINTAINCE to my brother's wife as she is working, but 5000 to be paid every month for his 5 years old daughter.

On a green paper written in hand (behind the court order that is not given to my brother)...this reads that 1.5 lalhs arrears has to be paid to the wife else the case will not proceed in divorce that is filed.

what does this mean, can we avoid paying this as it's not mentioned in the court order or do we have to pay or can we request the same judge to waive it off.

if he had to pay these arrears, why did the judge not mention it in his order.

pls explain what is this and what is the way out.

Also, can my brother change his religion to Islam from a current Hindu and get remarried to another with his Divorce case pending.




Thank you.


Learning

 8 Replies

Dr J C Vashista (Advocate)     16 February 2022

What is the opinion and advise of his (your brother's) lawyer who is well aware about facts and circumstance of the case, an able, competent, intelligent enough and hired to satisfy the client ?

Show the order / judgment to another local prudent lawyer for proper appreciation and professional advise if you (or your borther) are dissatisfied with the lawyer contesting the case of your brother. 

The facts posted are disjoint, confusing and vague.

Parasar   16 February 2022

is that 5000 paid by your brother 

Kishor Mehta (CEO)     16 February 2022

(1) Your brother is legally liable for the maintenance of his son. (2) Thre arrears are considered from the date of filing of the suit. (3) Changing the religion does not absolve your brother from his legal liabilities, he can not remarry till the divorce decree is passed and becomes absolute. 

Shashi Dhara   16 February 2022

Silly reason to remarry ,first solve the present problem and give justice to child ,afterwards both  fell to hell.

Parasar   16 February 2022

Change is not valid, till he his not legally divorced. 

Palak batra   16 February 2022

Dear Querist,

 

The person in this case is liable to pay the amount of 5000 every month for his daughter and is not obligated to maintain his wife as she is an independent and working woman. 

 

But, since there was no order by the court related to providing an arrear of 1.5 lakhs, he is not liable for the same and there will be no effect of that on the divorce case. 

 

The very last point of changing the religion from Hinduism  to Islam to get remarried without divorce is not legal under sec.494 of Indian Penal Code. However, since a plea of divorce is pending in the court, a second marriage can be considered valid. For that also both the parties from first marriage should have amicably parted their ways.

 

Regards,

Palak

 

P. Venu (Advocate)     17 February 2022

No definite suggestion is possible unless the Order as well the proceedings are perused.

malaika   20 February 2022

very Sorry

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