Section 125 maintenance
Deepak
(Querist) 31 May 2019
This query is : Resolved
Hi,
I have filed the divorce petition against my wife 4 yrs back and wife filed section 125 maintainance against me on which i have to pay now 9 lakhs rupees. Now i lost my job with all this and i have no income to pay such amount. Now i have following queries
1- is it possible that amt can be recovered from my mothers property?
2- i have flat on my name but registry is not yet done and having the bank loan as well on this flat... can this be attached?
3- what are the other actions may happen againt me ?
Dr J C Vashista
(Expert) 02 June 2019
1. No, property in the name of mother cannot be attached.
2. Your flat/ other property (Ies) can be attached.
3. You can be sent to jail (simple imprisonment for 30 days - extendable by other 30 days) till satisfaction of the decree/EP.
4. Did you seek advise of your lawyer? If so, what is his/her opinion? However, if you have lost faith in your lawyer, as observed from your post on this platform, change him/her immediately.
5. Petition for divorce and application u/s 125 Cr PC are two different cases, which do not have any correlation.for execution/recovery of amount awarded as "maintenance" .
However, if you are located in Delhi and feel so, may contact (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10 Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo,com
