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Stay petition filed in HC against family court's maintenance order


13-Aug-2023 (In Divorce Law)
I FILED STAY PETITION IN HYDERABAD HIGH COURT AGAINST FAMILY COURT ORDER OF MAINTENANCE RS.4000/- FROM THE DATE OF PETITION BUT THE COURT ALSO GRANT MAINTENANCE RS.2000/- PER MONTH. IN MY CASE MY EX WIFE FILED A PETITION IN FAMILY COURT VIJAYAWADA TO GRANT MAINTENANCE U/S125CRPC . PREVIOUSLY I WORKED A COMPANY THAT COMPANY SEIZED BY THE CID ANS SEBI GIVEN ORDER AGAINST COMPANY TO WIND UP AFTER THAT MY COMPANY GIVE NOTICES TO ALL EMPLOYEE TO FOR TERMINATION OF EMPLOYMENT AT PRESENT I HAVE NO JOB WHAT CAN I DO PLEASE SUGGEST
Answers (3)

Answer #1
545 votes
According to judgments from the Hon'ble Supreme Court and High Court. You are liable to maintain your wife if you are capable of earning bread and butter for yourself and your family. It is your duty to maintain them whether you are working or not. This can't be taken a plea tht company is been shut down. You need to look for a new job as you are capable. The Hon'ble High Court looking into your situation has reduced your maintenance amount. You have to abide by the court orders.

Answer #2
996 votes
HI
The courts will consider your case on merits. If you can prove in the court that you are currently not employed because of circumstances beyond your control (SEBI winding up order, CID Closure) courts might grant you time for about 5 to 6 months to search for employment.
However you will need to pay the back log once you have started employment with other company.
Answer #3
570 votes
Dear,

You can bring to the notice of the court regarding the development occurred in your company along with the proper documents and ask for reducing the maintenance as you are jobless. Its purely a court descrition whether to reduce or not but you can always try and update the court the latest financial conditions through a petition.

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