Dear Learned Legal Experts,
Me and my wife are living separated since October 2010.She filled an application in Family Court u/s 125 CrPC on date 24/03/2011. She claimed the maintenance from 23/3/2011 to 17/5/2012. After 17/5/12 she get job in Haryana Govt. as an teacher. Her salary is Rs. 45,000 p.m. She also filed a false case against me on 24/3/2011 u/s 498a & 406. Due to that case I lost my job and get restate on 14/11/2011. Since 1/10/2012 I am jobless and just doing private work to earn livelyhood. Learned Judge of Family Court passed an order to give maintenance from 14/11/2011 to 17/5/2012 at the rate of Rs. 10,000/- per month. Order was passed on date 07/06/2014. But she did not claim that maintenance till 27/07/2015. On 27/07/2015 she filled an Execution application on behalf of order dated 07/06/2014.
Subsequently my income has been droop down due to loss of job from Rs. 70000 p.m. to Rs. 24000 p.m. Now she claimed the maintenance of Rs. 61000/- as per given order.
Kindly advise me on below points-
- Is this execution application maintainable after expiration of one year as per provision of section 125(3) CrPC.
- I am facing a great hardship in terms of money and not in possession to give that much of money to her. What should I do?
- What action a Magistrate/ Judge can take against me if I am unable to pay money?
- Her Salary is double to my income, is she still entitle to receive maintenance?
Please help
