127(1) crpc-arrears

Change of circumstances once allowed it is from date of Order on change of circumstances Application announced by a Court as the ‘change’ is inference from certain period onwards hence it normally cannot wipe out past arrears is my view.

If there is change in circumstance, then immediately the matter should be pursued in court when it comes to paying maintenance.  And side by side one has to ensure that there is no pile up balance alimony to be paid.

 

Even if someone is really ill and not able to go to job, after going to the doctor, one should go immediately to the court with proof of admitting in to the hospital, prescripttions, advice slips etc from the hospital or else how will the court come to know that you are in trouble.

 

There seems to have been a mistake from you or your lawyer in filing the application under change of circumstances.

 

With regard to your question....

 

Old balance should be nil.

Then new count starts based on change of circumstances.

Yes sir it was our big mistake, my limited legal knowledge & my lawyer's neglectfullness.

 

1-Final Maintenance order passed by family court u/s 125 crpc on Aprl-12.

2-I have approched high court there after, stating desertion, RCR pending, my  Job loss, but my petetion was rejected.

3-My dear wife have filled execution,I have changed my lawyer & started paying what ever i have, although she made drama on every hearing for full arrear amount.

4-My lawyer said we can file application u/s-127(1) only when she file fresh execution after a year.

5-Now she has filled fresh execution after 1 year in aprl-13 & fix for 25th may-13. now he can file 127(1) application on that day.

6-I have started my new job 7-8 months back, where i am getting less salary & we can present that in court with all supporting documents.

7-Now my arrears are around 1.5 Lac (2 lac-50 k), 50 K i have paid her. if 127(1) crpc goes in my favour then how court will calculate the maintenence amount???.. 

 

Regards