Hi Hamza, I’m Adv. Niharika and here is my answer to your question.
In cases where maintenance amount gets accumulated as arrears then as the provision of S.125 allows a person to pay the order of maintenance in form of part payments. You must file an application before the court by a prudent lawyer, requesting the court to allow you to clear he arrears by means of part payments.
Normally upon the courts are flexible in this regard and allow the payment of maintenance to be made in parts. The object behind this flexibility is (i) to not burden the spouse who is paying. (ii) to satisfy the receiving party of at least a stipulated and regular amount of maintenance.
Alternatively, you can also seek revision in case your financial circumstances have changed and you find yourself unable to pay the accumulated amount.
In the case of Mohd.Nadeem vs State of UP, the Allahabad High Court (Cr. Revision No. 98 of 2015) reaffirmed the above mentioned statements and allowed the application f the husband to pay the arrears of maintenance in part payments.
I’m attaching a a PDF of the abovesaid judment for your convenient reading, kindly find it below.
Hope this information help, for more queries you can contact me at niharikalohan@yahoo.com
