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If there is no money or property to pay maintenance charges after d/w


29-Oct-2023 (In Divorce Law)
I have no money to fix a lawyer to appear before court ,court has summoned me for explanation why i am not giving maintenance charges to my wife,i don't have any income since last two and half years,i lost my job due to lock down,i have my aged sick mother ,who is dependent on me,her medicine and daily needs are borne by the neighbours,now what happens when distress warrant is issued,i don't have any property or belonging to my name, kindly suggest
Answers (3)

Answer #1
651 votes
there is a specific judgement recently wherein you will have to pay your wife and child whether you like it or not as the laws of the country is very strict you will have to arrange the same and provide the same to your wife or you can file an appeal also detailed discussion is necessary
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Answer #2
843 votes
kindly get ready to accept States hospitality. the law is very straight when it comes to maintaining your wife and children both legitimate and illegitimate and which is that every able bodied man is capable of maintaining their family and courts are deaf to any excuse whatsoever. the quantum may differ but no one can be allowed the rigours of payment of maintenance. if you are pennyless then the state legal authority will provide you with lawyer after you spend some time in custody. you can wait till that time and get a lawyer from the state. their competency is not above suspicious but then most free materialistic things are of that nature. having said that let me tell you the best way forward. hire a lawyer or appear in person before the magistrate. it is highly recommended that you hire a lawyer since the court understands a lawyer better than a in person accused who is unaware of the technicalities and other nuances of the law and the court. then try to make some payment and seek modification in the quantum of maintenance by citing changed circumstances. Regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.
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Answer #3
511 votes
Hello, I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner. Regards, Shayan
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