Hi,
During my maintainance case last year, lower court awarded very high maintainance amount of 60000 (40000 for Mrs 498a and 20000 for child).
I have applied in high court to provide stay and set aside the order as it is very high when my income itself is 40000 (in lower court Mrs. 498a simply wrote that my income is 100000 p.m. and the judge didn't cared about my salary slip and my income tax details that I shared). With 4 judges changed in the case in high court my interim as well as revision petition is still undecided as every judge says we will hear it for final decision in next hearing and then the judge changes.
Now, I have been paying regulary 20000 p.m. for the past 1 year without any failure. Mrs 498a has filed for recovery for rest of the amount. It is difficult for me to come with that kind of money. My lawyer in lower court are telling me that if I don't come up with money I will be arrested until dues are cleared.
My points on which I want to lower court to consider and not arrest me are these:
1. Mrs 498a claims she is not earning. I am the one paying for child support. So it will be counter productive if court arrests me for the arrear.
2. I have appealed immediately in the higher court without any delay after maintainance of lower court order.
3. I will promptly clear the dues after high courts decision.
However, my lawyer in lower court are telling me it doesn't matter what you write in response to 125(3), if Mrs 498a wants you to go to jail she will not agree and judge will have to issue arrest warrant for you.
Please suggest if there are any merits in points and should I represent myself in the court as my lawyer in the town are not willing to put this point in response.
Thanks,
