DVAct 2005
Athi Vishal HD
(Querist) 11 January 2018
This query is : Resolved
Sir/Madam
In my Dv case lower court has ordered 7000 /pm and 5 lakhs (to be paid within 3 months i.e by 28.02.2018) as compensation for my wife. Two childs are resides with me. My take home sal is 20000. I have no issue with 7000/ pm. But I have no source to pay 5 lakhs. Even in court also my wife has not produced any evidence to prove my income other than salary. But court has ordered without considering my source of income. I have filed appeal but not yet received stay order. what will happen if not paid 5 lakhs within period. Pl guide me
Vijay Raj Mahajan
(Expert) 11 January 2018
If there is no stay order for the payment of Rs5 Lakhs as compensation amount to your wife, you will have to pay her. The execution of the order will be filled by your wife in the same court, which can order for attachment of your properties that could be auctioned and proceeds received out of it will be given to her. The court can even send you to civil jail till you pay off the debts to her. The court can even attach your complete salary, provident fund, bank account deposits etc for recovery of the debts.
You are in real trouble now. Your lawyer unable to get a stay order are doing nothing to help you out. Change the lawyer for your own benefit.
Advocate Suneel Moudgil
(Expert) 12 January 2018
Agree with Vijay Raj Mahajan except his advise for change of lawyer. after all, stay order or any order depends on the fact of the matter and merely saying he/she is unable to get the same, is nothing just **********..
Kumar Doab
(Expert) 12 January 2018
The court was convinced while you and your lawyer were present on your capacity to pay.....
Your contention is that you can not pay.
Try thru another very able senior counsel of unshakable repute and integrity specializing in Family matters and having successful track record...........
Now this is what you can do.
