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Rahul Seth   29 August 2024

Ungent help needed for maintenance payment

I have been ordered to pay Rs. 30,000 per month as maintenance to my wife, along with an additional Rs. 20,000 per month to cover arrears, totaling Rs. 50,000 per month. For the last three months, I have paid the full Rs. 50,000 each month.

However, due to recent medical expenses, including an extraction operation and a CST scan, I incurred costs of around Rs. 35,000. As a result, I am only able to pay Rs. 35,000 this month. I have the original medical documents as evidence.

I would appreciate guidance on how to inform the court about this situation and request consideration for the reduced payment this month.

Thank you.


Learning

 6 Replies

Ramanathan G (Independent practice)     29 August 2024

File an IA = Interlocutory Application 

T. Kalaiselvan, Advocate (Advocate)     29 August 2024

You can file a memo before court stating that you were not able to pay the regular amount this month owing to sudden expenses and attach the documentary evidences to prove the same and undertake to add them in the future payments.

Rahul Seth   30 August 2024

Dear Esteemed Lawyers,

I would like to update on the court order which has significantly impacted my financial situation. On August 29, 2024, the court mandated that I must pay a total of Rs. 75,000 next month. This amount includes Rs. 30,000 for regular maintenance, Rs. 15,000 to cover an arrear shortfall from this month due to unexpected medical expenses, and Rs. 20,000 for previous arrears. Additionally, an extra Rs. 10,000 has been ordered, increasing the financial burden. I am ordered to pay 75,000 on 25/09/2024

Furthermore, I am the sole caretaker of my two children, having had full custody for the last  4 years since they were very young (11 and 23 months old respectively). Managing this new financial obligation alongside my children’s educational and general living expenses is becoming increasingly challenging.

Could you please advise on any possible legal avenues or modifications to the maintenance terms that could alleviate this financial strain? Any guidance on how to approach the court for a reassessment based on my current circumstances and parental responsibilities would be greatly appreciated.

Thank you for your time and assistance.

Warm regards,

Ramanathan G (Independent practice)     30 August 2024

To file writ petition before High Court under Article 227.

That may have Advocate fees, but this amount will be suggested as instalments.

Rahul Seth   30 August 2024

Dear Ramanathan G,

Thank you for your advice on filing a writ petition under Article 227 with the High Court. I had a discussion with my lawyer regarding the options available, and he mentioned that the proper procedure involves approaching the sessions court first, as my case is currently with the metropolitan magistrate court. However, I am considering your suggestion to approach the High Court directly. Could you please provide more details on the potential costs and the process of paying in installments for advocate fees?

Thank you for your guidance.

Warm regards,


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