Remedy to husband against the orders of legal services authority
Rajat sahotra
(Querist) 10 May 2012
This query is : Resolved
Experts,
A final order to pay maintenance was passed for Rs.750/- in the year 2008 and the husband was paying Rs.1000/- every month to wife but no receipts were received from the wife. Husband is of seventy years old.
Order of 125 Crpc was never challenged by husband from last 4 years.
Now she(wife) goes to Para legal Cell, complaining that no maintenance is paid and gets a document signed by her husband where husband was asked to pay the maintenance and vacant a room for her wife. These two rooms were build by the husband on his relatives land and husband was only in possession of the rooms.
Husband lives along with his son and his wife and two sons(grand children)in that two room.
His only income is Rs5000/- from his pension.
What remedies does the husband has in this case?
Shonee Kapoor
(Expert) 11 May 2012
The husband was foolish to give money w/o reciept.
Anyways better late than never, pay all monies hence forth against reciept.
Have you signed any consent in Para legal cell?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajat sahotra
(Querist) 11 May 2012
What if he does not have that much funds?
M V Gupta
(Expert) 14 May 2012
If the husband has signed a document before the para legal cell (by-the by what is this cell? what is its authority to entertain the complaint?)it means that his statement that he has been paying the maintenance cannot be accepted ex facie. If his income is not sufficient to pay the maintenance he should approach the family court to reduce the maintenance amount.
Rajat sahotra
(Querist) 14 May 2012
under what provisions family court reduces the maintenance amount.
Is it 127 crpc or 125 crpc itself
V R SHROFF
(Expert) 14 May 2012
a &R Advocate and legal advisor (in short “a&R”)
husband need better Advocate
