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Fraud_victim (Manager)     12 June 2013

Unable to pay maintainence

I was directed by highcourt to pay maintainence to my wife (who is staying with her parents ) based on my IT returns of past years.. my professional situation has changed ever since & though i was earning decent upto few years back, i have no job in hand any more from last 3 months atleast.. i do petty jobs to survive and am able to live with my past savings/ parent's help.. i have been taking money from my parents who are also retired to pay maintainence to my wife (20000 pm)..  she is more qualified than me (she is BEd, M Phil and I am just a graduate.. she does not wants to work & claims that i have taken her degrees so she is unable to get job !)

can i appeal in High Court again to quash the order of maintainence since I am not earning any more.. what documents will be required.. since its been just 3 months that I am without a job, i do not have any documentery proof (like IT return).. except for a termination letter from my employer.. i had been under stress & could not work, had to attend court dates so my performance dropped & finally asked to leave the job.. i have paid her without any default for 13 months.. i no longer have money nor strength to pay her any more..

what is the way out for me to stop maintainence.. i really can not afford this any more.. please some one help !!



Learning

 12 Replies

Adv k . mahesh (advocate)     12 June 2013

if you avoid to pay maintenance right now on the pretext of no job = no problem 

after you get the job you can pay the arrears and

to cancel you to apply to the same court the court which had issued you to pay maintenance 


(Guest)

I think you should file a change of circumstances CRPC 127 I think in the court which passed maintenance order.You have good evidence,termination letter and the lower court should take this into consideration to reduce the maintenance drastically.Regarding appeal,it should be done within 30 or 90 days after order.But 13 months may be too long a delay to file appeal in higher courts.

Adv Archana Deshmukh (Practicing Advocate)     12 June 2013

File for modification of the earlier order u/s. 127 crpc on the basis of change in circumstances.

2 Like

(Guest)

Agree with experts.

Prashant Ghai (Advocate) (PrashantGhai.com)     13 June 2013

Yes, approach the court under section 127 of Cr.P.C., put on record whatever documents you can to show that your circumstances have changed and that you would not be able to the pay maintenance as ordered under section 125.

 

What puzzles me is that how was your wife even able to get an order in her favour despite being highly qualified. I don't think I need to repeat what a catena of judgments say about that.

 

Anyways, do what you can right now to put yourself in a better position than before.

 

advocateprashantghai.com

Rahul (Engineer)     08 July 2013

All Experts on this Thread,

Can someone tell me the Ruling of 127 Crpc decision about its enforcement date ?

i.e. 127 decision is to be effected from date of 127 application or from date of Order.

Also i am looking for a citation whre 127 order has been effected from date of Appliation.

[where wife attained interim Maintenance by fraud & husbands income has also been changed & husband moved 127 application with all relevant documents.]

 

Thanks in advance.

Adv Archana Deshmukh (Practicing Advocate)     08 July 2013

It is the court's discretion and generally the maintainance is awarded from the date of application.

Rahul (Engineer)     08 July 2013

Thanks Archana Mam for your reply.

I will be gretful if you know & share any citation that states that 127 changed circumtances is to taken in account from 127application date.

As H'nble judge in delhi had asked from us that is 127 CrPC Perspective i.e. 127 order to be applied from date of application or from date of Order.

Any citation / ruling stating that 127 must be effected from date of application will be of great help.

Thanks.


(Guest)

@ Mahesh, 

Arrears after getting the job??? I defer in this fact. 

satya prakash (Clerk)     18 July 2013

its weird that maintanance awarded from date of filling application....

125 gets dragged for 1 or 2 years also paying arrears its again cruelty on husband...

There is no way to avoide this situation? & asking from date of order instead date of filling for 125?


(Guest)

I think I had replied to your query.


If you do not file objections to IA then deifinitely Judge will pass off some foolish order, which is of course one-sided, then if you go for appeal to HC, there also they wont reduce the IA amount stating that you should have filed objections to IA application, thats No.1


No. 2 will be if you are sick and not able to atten job, before sending leave letter application, you should file 127 in HC for readjudication of IA, or else how will court come to know that your cirumstances have changed and that you are earning less or not earning at all, that's the way to deal with maintenance applications.

1 Like

Adv k . mahesh (advocate)     18 July 2013

what you do not defer is not the point if you had done practice then you would know the facts

because if you do not have job then from were you will pay maintenance is the question means you steal or borrow and pay the maintenance is not justifiable answer mr aravind 

before answering you should go through all the points 

if you are unable to pay the maintenance means after getting the job with arrears you have to pay 


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