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abhijeet (Executive)     27 December 2013

Unable to pay maintenance

Dear Professionals,

 

I am awarded with maintenance of Rs. 15,000 p.m in divorce for child support, but since i recently lost my job i am not able to pay monthly maintenance. However i can pay a one time alimony of rs. 5 lakhs. will my request be entertained or not.

 

What imprisonment will the court award me on failure to pay maintenance if my wife complaints.



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 December 2013

the court pass maintenance order in 125 crpc case or hindu marriage act case, or domestic violence case,,,,,,,, punishment is as per the case

T. Kalaiselvan, Advocate (Advocate)     27 December 2013

The only option before you is that you resolve this issue in consultation with your wife, you may ask her to withdraw her application for maintenance or payment of arrears of maintenance on the basis of your proposal to settle the one time settlement amount as decided by you or agreed to settle an amount she would like you to give her.  If she agrees to your proposal, she may withdraw all her petitions against you and in fact she may be willing to give you a divorce on mutual consent too.  Try that.

gautam (not disclosed)     05 January 2014

you should not fail on paying the maintenance,rather file for revised petition in higher court stating new facts.

did you resign from your job voluntarily, that would be viewed negatively by court.  however apart from that court cannot do much (except consider your assets)

it is the same way where the wife quits the job to get maintenance, but a man's career is severely impacted if he resigns from the job


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