Civil Procedure Code (CPC)

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Srinivas (Engineer)     14 June 2011

Maintenance

Hi,

This is Srinivas, Can you please guide me on some questions i have about the maintenance. 

I was married in Aug 2005, my filed DVC against me in Feb 2006 and was compromised by both of us. At that time she herself mentioned that she is working in a private firm and earning and maintenance was ordered 2000 per month. Later it was closed as both of us got compromised.

1) In month of May 2008 she again filed 498 against me and my parents, brother and sisters. Again in the month of Nov she filed DVC / Maintenance against me and this she didnt admitted herself that she is working and order was passed to pay 5000/- per month.

From the date of order is passed i paid the money to her till the last year as she also attending the court. but from last one year she is not attending the court and i didnt paid her maintenance amount. in the meanwhile i observed her that she working in an MNC and earning good salary but for the same i dont have any proofs. And here one more is she got married again and staying happily with her second husband but i dont have the proofs for the same.

Now she filed a petion against me to pay all the arears which i didnt paid from last one year where as she is not attending the court since one year and i am the only one is attending the court continueously. Some of my friends are telling me that warrant will be issued against me if dont pay the arears. Kindly suggest me how do i proceed at this time.

 

this we are able get an Stay order in High court.



 4 Replies


(Guest)

@ Srinivas,


You may seek information under Right to Information act about her ITR of last 3 years, these would help to prove her earning.


You may also do a watch for a day about where she goes for work. Once location and employer is confirm, again you can approach employer with all details , or else there are people available here from various companies, just post company name here and if you get lucky, you will find somebody who is working in that company.


Go through link below for maintenance tips,

https://www.498a.dreamhosters.com/forum/viewtopic.php?f=46&t=3579




Ambika (NA)     14 June 2011

Dear Srinivas,

If your wife is concealing her income and working in MNC, it would go against her. However, the maintenance which the court has ordered, unless you challenge it with proof of  her working and her income, cannot be stopped unilaterally by you. That she is not attending the court also would reflect on her conduct and would  go against her, but as per my understanding the maintenance ordered by the court is not conditional on herself attending the court, unless it is expressly stated by the court. If you do not wish to pay her maintenance, because she is working in an MNC, you should take such orders form the hon'ble court. Otheriwuse stopping the amount on your whims and fancies would also go against you, and very much so if you have a child from your wedlock and s/he is living with mother( though from your post I assume that you do not have a child).

I will be interested in reading opinions of those better placed for providinglegal advice.

Srinivas (Engineer)     15 June 2011

Hi,

In previous post I mentioned as Maintenance order...actually it is interim maintenance order. with in couple of days i need to attend the court and arears i need to pay is almost 1 Lakh rupees.

1) Now can go revision of this Interim maintenance and fight against her stating that she is working. Please guide as this order was issued in the year of 2008 till now i didnt fight against that and i am simply paying her maintenance. Can i gor revision for the same now.

2) she is not attending the court from last one and half year almost 16 months, is there any chance to order to become exparty (myside). To make this how do i need to proceed kindly suggest me?

3) Frankly speaking right now i dont have money to pay her. is there any chance to not pay her (these are arears). what are the circumstances if i dont pay now. i received the answer for the same that i will be given time pay the arears. Here my question is there any option for me to not to pay her. Kindly suggest?

Thank you,

Srinivas

Srinivas (Engineer)     15 June 2011

Can any one please suggest me on the above question....


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