hma24 maintenance case

Depends what is your proffession

if you are salried court can issue order of attachement of salary.

or court can order attachment of property.

if other party i.e lady doesn't have any detail about all  this court can only dismiss divorce petiton for non compliance of ordet.

and lady will file the case of execution there you can argue why you havn't paid maintenance amount. 

I was an employee of a pvt. company. presently i am unemployed. My wife doesnt even know the name of my previous Co. and naturally she doesnt know abt my designation, salary structure & other benefits, year of service, I have not worked for very long time in one particular company as i always looking for better opportunities. i joined , i left , in some Orgn i have been asked to resign. like so. I never had any stable job and stable income. I dont have any Tax return file also. Presently i am unemployed and in search of jobs. So what necessary action my wife can take to show that i am or i was employed drawing Rs. ....... amount as salary ?  Also i have a 3 BHK Flat ( area 1100 sq ft ) . The Flat is in joint names me with my mother. I have purchased this flat before my marriage. Is it possible Court can attach this flat as a maintenance because its in my name & my mothers name. As far my knowledge my mother is not liable to pay any maintenance to my wife. My mother is 78 yrs widow old sick lady. She is housewife.

kindly advice

Originally posted by : Subhomoy Das
	I was an employee of a pvt. company. presently i am unemployed. My wife doesnt even know the name of my previous Co. and naturally she doesnt know abt my designation, salary structure & other benefits, year of service, I have not worked for very long time in one particular company as i always looking for better opportunities. i joined , i left , in some Orgn i have been asked to resign. like so. I never had any stable job and stable income. I dont have any Tax return file also. Presently i am unemployed and in search of jobs. So what necessary action my wife can take to show that i am or i was employed drawing Rs. ....... amount as salary ?  Also i have a 3 BHK Flat ( area 1100 sq ft ) . The Flat is in joint names me with my mother. I have purchased this flat before my marriage. Is it possible Court can attach this flat as a maintenance because its in my name & my mothers name. As far my knowledge my mother is not liable to pay any maintenance to my wife. My mother is 78 yrs widow old sick lady. She is housewife.   kindly advice

 Court will order both of you to file detailed income affidavit of your income and expendeture.

and then come to the conclusion about your standard of living prior to the diffrence between both of you and then order some amount of maintenaince 

or 

Will order you to pay as per minimum wages law like 1/3 of minimum wages as per your state govt.

Originally posted by : ramesh
	very gud reply Siddhartha,i m a govt servant, but wife dont hav any proof of job details she only knws i n govt employee

You are strongly advised to mention facts regarding your job in affidavit because if you didn't do that your wife will ask the court to order govt or pf department to give your job details and if it found incorrect when compared to your affidavit. You will be in huge problem and will be facing case of perjury.

Property which is not under the sole ownership of the judgement debtor cannot be attached in execution of a decree.

Augustine Chatterjee

Advocate & Solcitor at Law

9999931153

Hi Ramesh if you not pay maintenance money in time and you obey court order than its come under contempt of court order and court will issue arrest warrent against you 

you need to pay if court order you for paying money and their you need to show them good reason for it and if you not success full on this than court allso order to pay fine along with maintence 

thnks