Legal Question in Family Law in India
Court has ordered me to give the maintenance u/s 24 ( of divorce case) to my wife in Oct'10. But i was unable to give it till now as i was unemployed.and court continues to impose fine on me for not paying the maintenance.
but now i got the job but salary is so low that i cannot pay the same amount of maintenance as court ordered.
some lawyers are suggesting to file a application of condonation of delay in high court and make the maintenance amt low. and remove the imposed fine.
Is it possible ??
Will high court immediately give the stay order to lower court when i file the application of condonation of delay because the lower court is imposing fine on me and my wife may file execution.??
My salary is 4000 p.m . will it be ok to go through legal aid.
pls suggest what should i do if court does'nt issue stay order.
2 Answers from Attorneys
before you approach the high court, you need to exploit the legal remedy of reduction of maintenance and waiving of fine at the lower court itself. in case there is a refusal, you may approach the high court.
you can file applications before the same court and if it does'nt go in your favour then approach High Court
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