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Fraud_victim (Manager)     12 July 2021

Unable to pay maintenance us 125crpc

Dear seniors,

A maintenance amount of 18000 was put by trail court u/s 125CrPc, same was challenged by both parties in session courts which enhanced the amount to 40000 pm. While I appealed in high court which granted an interim stay with 15000 pm effective from HC order, other party filed execution case. Trial court order was for payment from date of application. In the mean time maintenance of 4000 was being paid in DV court. After HC order, I have been paying 18000 pm but now in execution case, I am asked to pay difference amount appx 10 lakhs. With no income in last 2 years and my savings finished in all these years, I have not money to pay such huge amount. What are the consequences and solution.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 July 2021

Sub section (3) of section 125 provides that if any person ordered to pay maintenance fails without sufficient cause to comply with the order, the 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, 

Fraud_victim (Manager)     13 July 2021

thank you sir, since the initial order was challenged in HC and HC order read to pay maintenance effective (HC order date), am I still bound to pay maintenance of previous period? what is the remedy, there would be some remedy. 


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