Unemployed to pay maintenance
Amrish Kishore Vora
(Querist) 17 March 2013
This query is : Resolved
Sir/Madam,
I am fighting a case which has been put on me for domestic violence and dowry harassment. Both are wrong allegations on me which i need to fight it out and prove.
I am an MBA currently unemployed lost my job recently. My wife is M.Com she was working as a teacher before marriage and left the job post marriage. We got married in 2011 and due to some problems since 2012 there are two cases put on me and my family under sec 12 and sec 23.
Recently there has been a interim order passed for Rs 20000/- maintenance per month .For increasing the interim amount further my wife has put another case in appellant court in the meanwhile i have lost my job and am jobless over a month now.
My query is do i still need to pay maintenance as i am the only earning member in my family and i don't have any job ? also i have my obligations of rent and other monthly expenses where as she stays in parent owned house. I had read an article in http://www.lawyersclubindia.com/forum/details.asp?mod_id=23342 where in the situation matches with my current case.
can you kindly please help me how to fight this out please.. ? i am in real stress and trouble please reply back asap..
Thank you..
Devajyoti Barman
(Expert) 17 March 2013
You have to provide maintenance what ever has been ordered by the court unless and until the same has been modified, altered or set aside by the appellate court at your behest.
Amrish Kishore Vora
(Querist) 17 March 2013
But as per the order which I had mentioned in my earlier email it says the court ordered the husband not to pay the maintenance as he was unemployed and so is my case too is there any way out please
Nadeem Qureshi
(Expert) 17 March 2013
Dear Amrish
file a revision petition before Revisional court against this order and try to satisfied revisional court that you are unemployed and unable to pay the maintenance along with the judgments of SC/HC
Feel free to call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
Raj Kumar Makkad
(Expert) 17 March 2013
Even in consonance of the judgment cited by you, it is the requirement to get the order amended from the upper court by filing a revision in the similar way your wife has filed. Prior to that you need to obtain your due certificates showing your unemployment and other expenses which you have mentioned like rent and other liabilities. I think the trial court must have taken into consideration entire facts of your liabilities if you had brought in your reply.
R.K Nanda
(Expert) 17 March 2013
no more to add.
