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Want to Live (NA)     15 February 2013

125 crpc not able to pay

Paying rs 7000pm to my lovely wife, who is not ready to comeback at anycost. asking for huge amount for divorce.

on last date judge asked me to deposite full arear amount of rs 40,000 on next date.

lost my job, doing odd jobs..not earnng too much...had a major accident 2 yrs back...having one metal rod in my right leg....which has to be removed now by an operation. which is next week. my court date is also next week for maintenance. can court still want me to present in the court & deposite money. as my leg is troubling me from last few months & not able to walk properly even having all the medical proof.

Plz help



Learning

 4 Replies

fighting back (exec)     15 February 2013

hi sunil,

 

sorry to hear about ur plight, why dont you present yourself on the next date with your latest medical reports and request the judge for exemption through ur lawyer.

 

by the way, what was your inhand income with which ur maintainence was calculated at rs 7000/ per month, also why dont you apply to the court for change of circumstance due to which u lost your job. i hope others on this forum will agree to my views

shriks........... (healyhcare)     16 February 2013

agreed with rajan....
the moment it was declared 7000pm

next day only u should have gone for revision  along with change of circumstances....

i think the experts would suggest the same...

Want to Live (NA)     18 February 2013

Thanks guys.

Rajan...our judical system is very much gender biased...I lost my job in may-10..& order passed by family court in apr-11.

I was earning Rs 25000 pm & company was shutdown due to no business. i have stated all these things in my reply. with all the documented proofs.  by all in vain.

family court gurgaon Judge has ordered me to pay 80,000 arear. I have approched chandigarh high court. & the worst part high court has even listened & rejected my petition stating it is wife right to claim maintenence, so you have to pay..first pay Rs 80,000 then we only we will listion to ur petition.

so i started borrowing with my friends & relatives & paying at least 7000 pm. i got a marketing job in which i have to drive bike a lot. after sometime my leg starting troubling me. so i left that job.now i dont have any mean to pay her.

my lawyer told me that we can't go for change of circumstances in the same family court as it is not interium order. it is final order.

on every hearing i am crying in front court that she has deserted me, she is the one who is not willing to come back. but seems that all our judicary system is really blind & totally biased.

If not paying I have two option now...wheather go to jail or cummit suicide.

Sun Roy (engineer)     18 February 2013

u can demand maintance from ur wife under hindu marriage act (HMA). Court is totally blind. One of my friend also suffering same situation.


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