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Dharmesh Manjeshwar (Advocate/Lawyer)     14 July 2010

Arrears of Maintenance

A was ordered to pay a monthly maintenance of Rs. 10,000 /- to his wife B after passing of decree of divorce in August, 2009.

Since September 2009 A has not paid maintenance till date .......

There were 2 notices sent by Advocate of B claiming arrears of maintenance ..... and Advocate of A has replied to both the notices of B's Advocate stating that the part maintenance amount has been deposited with him and they were free to call him on his mobile and take the said amount with copy of the said notices to B.

Neither B nor B's Advocate has responded to the reply notices nor called A's Advocate. Now A has received summons from High Court ...... Law has provided that B can claim arrears of maintenance from the Family Court .... Why has she then filed petition in High Court and on what grounds/provisions ..... Can someone throw light on this please ............

 



Learning

 2 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     14 July 2010

well that can be availed from the copy of the summons, 

what you can do is protest on the grounds that the case should be filed to family court ratther then high court.

Dharmesh Manjeshwar (Advocate/Lawyer)     15 July 2010

Further to my query ....... Well ..... I've seen the summons ....... she has gone in appeal against the maintenance order of the Family Court after a delay of 125 days ......... summons alongwith an application seeking condonation of delay ..........  various grounds cited like sickness of her mother .......... death of a relative in punjab .. etc ....

 


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