Maintenance order

For reducing the maintenance amount you may have to file an appeal before the appellate court and not before the same court. 

In the same court you can request to permit you to  pay the arrears within three months or permit you to pay the entire arrears amount in easy installments. 

You may pay whatever you can pay easily and submit to the court about the reasons for non-ability to clear dues, which may be allowed for deferred payment.

Did you accept the order of maintenance or challanged it by filing an appeal ?

Thanks for your kind reply sir. 

                         I am taking a salary of Rs 48500 now and paying a debt amount of Rs 24,500 and I am taking care of my aunty who is mentally disabled for whihc the expenses are aound 6000 Rs per month.If I am paying an amount of Rs 10,000 as alimony to my wife every month, then i will be having an amount of Rs 8,000 for my own expenses and for the family.

                      I need to pay an amount of Rs 2,40,000 as maintenance arrear amount as per the order within next month , What is the maximum timeline that can be requested when we pay that in installments. i am planning to ask for paying less than Rs 10,000 a month towards the maintenance arrear.Will it be considered in the family court?.Do any specific timeline is mentioned in the law to pay the maintenance arrear within the stipulated time.

I highly appreciate your efforts and service rendered to this society.

While addressing your argument in the maintenance case, you (through your lawyer) are /were required to submit your financial capacity to the Court, which the court must have considered before passing an order.

Generally courts do not compel the party to beg, borrow or steal to clear the arrears as lump sum.

However, you may make an oral submission or move an application to the samc court to modify mode of clearance of arrears. If the court declines your submission you may file an appeal.

You should have mentioned your every liability including outstanding loans and medical expenditure of your aunt in your assets and liability affidavit, and the court would have taken into consideration your expenses while passing an order for maintenance.

If you did mentioned the information in your affidavit, then only option remaining with you is to file appeal before the appellate court challenging the order of maintenance.

The trial court can allow you to pay arrears in instalments. However, for reduction in the maintainance granted, the higher court needs to be approached.

Yes why not ..u have to file the appedl against the said order...

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