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Kamlesh (other)     31 January 2013

Maintenance recovery

Respected Learned Experts : I am hindu, My wife filled maintence case in march 2009, as she is the only petetioner and i am respondent, she claimed maintenance for herself and her 6 months daughter, now in July 2012 Maintenace decree announced that she is not eligible for her maintenance as  she earning more than me. but court ordered maintenance for daughter as Rs. 5000 per month to me, without considering my income. I am 12th pass only while my wife is graduate and she is earning 3 times than my salary, which i proved in family court. Hence i appeal in highcourt for revision of my daughter's maintenance and requested to consider my wife's income too, which is pending in highcourt.

Now the scenerio is my wife is filing recovery in family court and threating me to pay or i have to go to jail. Sir, I paid Rs. 95,000 till date and my income is not sufficient to pay such a huge amount, altogether or partly. I have all the proof to prove her income, based on which family court voided her maintenance. I need suggestions on my case.

My wife did not added my daughter as co-applicant in her maintenance case filled in March 2009, Is she eligible for maintenance under this decree or required to be quashing through High court.

What are the chances to get relief through High court in my case ?

Sir, Can i get bail if she issue warrant or police take my custody due to non-payment of due amount ?

I have also requested for stay order in high court, but my wife's lawyer is taking dates every time by saying there are chances for settlement, but instead of settlement my wife is filling recovery against me and applied for warrent issue and i have to borrow money from someone to avoid jail. My mother is old and i have to take care for her. Due to this my case is not onboard in highcourt and stay order is delayed. My lawyer in highcourt says, it is not so easy to get stay order.

My advocate and her advocate meets together and adjoinedly apply for dates, and they misguide me and not informing the actual date in high court. But I always view the online status of my case in highcourt website i appear in court. But Magistrate is highcourt does not allow me to speak while my advocate is hired.

Sir, pl. suggest me the ways out.


 1 Replies

Kamlesh (other)     01 February 2013

Sir, Pl. let me know the solution or suggest me how to deal ... Thanks in advance.

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