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Rishi kumar   23 August 2017

Apology for delay in obeying maintenance order

My DV is case is going on. A small amount of maintenance is ordered. Magistrate on  training for the past four months. Next week there is a date. It is evidence of the complainant. Complainant has skipped giving evidence on some pretext or the other for many dates. She doesn't have. 

 I have paid maintenance for only one month. When OP lawyer asked for arrears, magistrate asked for evidence. After that they evaded evidence and magistrate went on training. My lawyer spoke to me about the arrears and said that OP may put a memo for arrears on the next date..Lawyer wants me to pay arrears so that it is easy for him in the court. He forgets that we have hired him to save money for us.

I would like to obey court orders very much. But circumstances are not favouring me. I am barely able to make both ends meet as my parents'  medical bills also eat up into my meagre earnings. I am not eligible for any kind of loan. My parents can't even stand guarantee for a personal loan as they are themselves defaulting the bank loan repayments due to change of circumstances.  

Next option is taking some hand loans from friends and relatives. Those doors are also shut as wife herself called up or visited each and every one of my friends and relatives after I applied for divorce  and has painted a villaneous picture of my family and me. Suddenly we have  been transformed from a decent, loving, lovable family to the most despicable characters. She has tarnished our image to such an extent that they are not even answering our calls. 

Under these circumstances won't it be right on my part to apologise to the court and pray for some more time on humanitarian grounds?

My lawyer simply runs the show on a routine basis. It really doesn't matter to him whether we win , lose or perish. That's ok. Harmless attitude. He is going to ask why we should rake up the issue.

my plan is to keep this petition notorised and once the OP gives a memo for clearing of arrears I will hand over this petition to the court. Of course my lawyer cooperates once we take a decision.

i am not regretting that the Fatty, nourished, idle complainant is not receiving maintenance. But I don't want the court to think that I am defying the court orders. 

Expecting a quick reply form all the experts.  I have suffered enough at the hands of that cruel wife  for treating her like a princess for 6 long years. 

This may not be the norm. I am only asking is there any harm in voluntarily telling the court about my present helpless situation for not following court orders?



Learning

 8 Replies

Sachin (N.A)     23 August 2017

Even if you don't pay interim maintenance, court can only struck down your defence and cannot do anything more than that.

In this situation your wife is still liable to file evidence and prove the case. And you will be able to cross-examin her.

So don't worry !! Say in the court you are not capable to pay the amount.

 

Rishi kumar   23 August 2017

Thank you Sachin for the crisp and quick reply.

Rishi kumar   23 August 2017

Sorry for the repetition.

Adv Radhika Mehta (Advocate)     23 August 2017

You can file an Application for modification on the ground of changed circumstances. 

1 Like

Rishi kumar   23 August 2017

Thank you Radhika Mehta for the reply. As such I don't want to challenge the orders. The fact is all the allegations are funny and totally false and I have produced all the proof of her false allegations in my objections. I am sure the DV case is going to be discharged or dismissed. Honestly there was not even any trace of violence at all. Now my contention is if I start paying she will shamelessly receive the pittance. Once the case I'd discharged, I need not pay anything. So I want to delay it. 

I did did not clearly understand what is the modification. So far the court has been kind to me. I don't want to change that because of any small move on my part.  Will the court feel offended if I ask for some modification?

circumstances drastically changed after she filed 498a DP 3&4 and this DV.  And I have given all that and my current position during the objections itself. Now it is that I am not able to cough up the arrears. 

1 Like

Adv Radhika Mehta (Advocate)     23 August 2017

See while i understand your point of view, you, by not paying your wife, are also commiting Contempt of the orders of the Court.  

As per law, you are entitled to seek modification if there is change in circumstances. But there has to be a genuine change in circumstances. 

1 Like

Rishi kumar   23 August 2017

Yes Radhiks, 

on the next date also I will pay her another monthly instalment.

Adv Radhika Mehta (Advocate)     23 August 2017

The Court understands the difficulties faced in paying the arrears of maintenance but its important that you show your bonafides as well. 

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