Maintenance deposit

sudhir (Querist) 03 March 2014 This query is : Resolved
The JMFC court awarded 40% of my salary
for my 2 kids staying with my estranged wife in sec 125 as interim maintenance.I filed a revision in ASJ court which has ordered stay subject to the condition that
the appellant will deposit 75% of the amount in the JMFC court within 15 days. My queries are:
1. Can I deposit cheque in my children's name ?
2. Will the JMFC release the deposit to my wife immediately or wait for the final decision of the sessions court?
3. Will the JMFC continue to hear the case for final maintenance or wait till the appeal is decided by sessions court?
4. Do me or my lawyer have to attend JMFC court till the disposal of the appeal in sessions court?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 03 March 2014
1. Yes, if they are party to the 125 crpc proceeding. Else not.
2. Immediately.
3.Can proceed further if no stay is granted pr lower court records are not sent.
4. No if stay is granted.

Guest (Expert) 03 March 2014
Agree with Shri Devajyoti Barman.

Nadeem Qureshi (Expert) 04 March 2014
nothing left to add

malipeddi jaggarao (Expert) 04 March 2014
Agreed with Mr.Barman.

Rajendra K Goyal (Expert) 04 March 2014
Well advised, agree with the expert Devajyoti Barman ji.

T. Kalaiselvan, Advocate (Expert) 04 March 2014
I agree with the expert's opinion.

sudhir (Querist) 05 March 2014
Regarding my Query 2, Does this mean that even though revision is pending in Sessions court, its permission is not required and the JMFC can release the amount on its own ?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries