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What to do i am unable to pay the maintenance
29-Jun-2023 (In Divorce Law)
I am jobless before the judgement came to pay maintenance to wife Rs. 11000/- P.M. So I was unable to pay it. Till date I have not received any job of that kind. But received temporary job of 3-4 months which pay me around Rs. 6000/- per month. Wife has file petition of not receiving maintenance. I was not present to court hearing. Court has issued NBW against me. I change my residence. Many warrant came to my parents and they returned. Now family court has made order of punishment of around 4 years. WHAT COULD I DO ?
You can settle the case with your wife you can take divorce and paid her lumsum maintenance. Try to settle the case with your wife. you dont have any other option. You can also file case under section 127 of cr.p.c. for revising amount of maintenance as you are jobless.
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Adv. Ashwini Ramrao Deshmukh
Vadodara | 200+ Answers
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What action can be taken if maintenance is not paid?
Some societies disconnect services such as water, electricity or parking for members who are consistently late with their maintenance payments. Legal Action : If the non-payment of dues continues, the society can file a lawsuit in civil court.
Can a husband refuse to pay alimony?
The husband can avoid paying alimony if the wife is found to be unfaithful. Infidelity gives the other partner the advantage. If the husband can prove that his wife has cheated on him, then he is entitled to refuse to pay any alimony.
Can an unemployed husband claim maintenance from wife?
There are no proceedings in the Family Court between the couple, except if they are Hindus who were married under the Hindu Marriage Act of 1955. In that case, the husband can, under section 24, seek maintenance, litigation costs and a divorce from his wife, and under section 25, seek to...
What are the conditions when wife is not entitled to maintenance?
The husband and wife cannot live apart by mutual agreement.
According to Section 125(4) of Code of Criminal Procedure no wife is entitled to an allowance from her husband for maintenance if they live separately with mutual consent.
If you are not able to pay maintenance as per the order of the court, than you should file an application before the court seeking time to pay maintainance.
If you are unable to pay because the amount is more than your income then you can appeal the order passed by the court.
If you are unable to pay because the amount is more than your income then you can appeal the order passed by the court.
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Adv. Mauleen Marfatia
Ahmedabad | 100+ Answers
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I advise you that please do not avoid Court proceedings further. If you do not attend then problems become serious and thus orders against you passed. Anyway now challenge the order of Maintenance and apply for cancellation of NBW. But for that you have to deposit some amount of Maintenance.
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Adv. Suneeta Ramesh Shukla
Ahmedabad | 100+ Answers
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File an application before the court firstly to cancel the warrant issued against you.
Then move an application for alternation of maintenance before the Family Court. The change in circumstances in your financial situation is a ground to decrease maintenance.
Don't worry you just need proper documentation and Court will understand your stand.
Then move an application for alternation of maintenance before the Family Court. The change in circumstances in your financial situation is a ground to decrease maintenance.
Don't worry you just need proper documentation and Court will understand your stand.
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Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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If the husband refuses to make the payment, then he could be jailed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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