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mukesh (Executive)     01 June 2010

maintaince

History :   Court fixed maintenance  15000/- for wife and 8000 /- for child.  No property is on my name and I am disown from father's property.. If I don't pay any single rupees for maintenance

My questions :

1.  what action Court can take against me ?

2. Can court attach my father property for my child's maintenance ?

Mukesh Soni

9899005482

 



 7 Replies

legaljoe68 (member)     01 June 2010

ON what grounds the court has fixed is not known. Is ur wife working. U have to pay for ur child whether ur wife works or not. she cannot claim any mainenance from her inlaw property. Show urself unemployed if working prepare a case so that ur company removes u . write to court about change in circumstances andn stop paying single penny to her. She will threaten u with 498A DV . dontget afraid. after some time she will again mislead the court and file mainenance with divorce. it is patience game. dont give up . Its better to starve rather than give money to a women who deserts her husband .

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 June 2010

Mr.Legaljoe,  Court would have arrived at the amount after examining the evidences placed before it.  

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     02 June 2010

Mr.Mukesh,

 

 On an application made by your wife, Court can sent you to prison.

Court can attach your movable/immovable properties for the maintenance.

1 Like

Legal Fighter (Advocate)     02 June 2010

Is this maintenance under 24 HMA or 125 CrPC or under DV act? Pls clarify first only then we can tell as what action the court may take.

Trinadha Rao (NA)     02 June 2010

Mr Legal Fighter taking in to consideration can you explain in detail what happens in all the three scenario , so that it will be helpful to all?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 June 2010

if court is satify from your income only then this amount will be fixed.

In such case, court can attach your salary or business income. but not your fathers property.

you should approach the high court to file review to decrease this maintenance amount.

Regards

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 June 2010

The present legal procedure is as detailed by Mr Grover.

If you have regulart income it will be attached, no income go to appeal. Please do not confuse it with property. THE MAINAINANCE MAY HAVE BEEN FIXED ON PROOF OF YOUR CURRENT INCOME AND LIVING STATUS.

Otherwise there is jail term for every default.


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