Maintanance not paid due to enemployment

You file a revision of maintenance petition in the court citing new circumstances when you are unemployed and show your inability to pay the interim maintenance, court should reduce the maintenance amount.

Please let me know how long does it take for the court to pass interim maintenance case

"an act of the court shall prejudice no one". Therefore to ensure that none of the interests of the parties to the litigation are harmed, the court may pass an interim order.

Interim orders passed by the court may be of various courts. The nature of the order essentially depends on the direction passed by the Court and on these basis they may be classified as under;

• Restraining order (also called Injunction), which are passed to stop either party from acting in a particular manner during the pendency of the civil action. These are essential passed by the court to prevent situations in which either party may suffer a harm because the other party did/continued an act which was the matter in issue and
• Directive order, which are passed to direct either part to continue to act in a particular manner till the conclusion of the trial or till further orders. These may be passed if the non-continuation of the act would cause harm to the other party.

Dear Querist

you should file an application u/s 127 of Cr.P.c for reduce the maintenance as per the present circumstances with an interim application for stay the proceeding till the disposal of the application.

otherwise she can file execution petition u/s 125 (3) of Cr.P.C 

3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

Originally posted by : algats
	Dear Sir,                    i am applied the divorce case because of she is not living with me past 3 years and she is plan to kill me and i have two child age is 5, and 8, she is not allow to meet and also she is having illegal contact I don’t have proof of evidence and she is applied the interim maintenance case and order passed for me to pay per month Rs. 6000 to her and she working some pvt company I don’t know where she is working but relation told some private company, order passed 8 month back and what they will do after issuing the order? now I am unemployed i am not working any concern due to torched me and no peace of mind  ,in this case against party what they will do against for me and I cannot go the work because of mental torture of this family court what is remedy what I have to do help me?

That is such a lame excuse of not being able to pay money to wife.

Of course there are judgments where unemployed husband need not pay money to wife.  But such are not that easy to get away with.  Whatever reason you give, warrant will be issued and you will have to do some time behind bars ie in Jail.  Or court may attach your movable or immovable assets for recovering alimony due to your wife.

Find a job, and then tell this is your income to court.  Then you can get the alimony reduced.  By the way if you have not filed objections to IA, then going to HC also wont be of any use.

HC wont interfere in IA matters, that too when you have failed to file any reply to main petition of IA.  At most, after a period of 1 year you can approach HC stating change in circumstances and get the alimony reduced.  This process will continue until the main divorce petition is disposed off.  Each year you have to submit applicatoin under change in circumstances.  And your wife too should file a IA application each year.  If wife fails to submit new IA applicatoin each year, you should defitnitely file applicatoin for readjudication of alimony awarded previously.

Remedy right now is pay 8 X 6000 = 480000, no other option.  Going absconding I wont suggest.  It will worsen matters as NBW wil be issued and if caught no bail for you.

For your wife's salary details give wife's employer address to court and ask for call of records and same will be provided to court by her company,