Payment of maintenance allowance

jagjit (Querist) 08 May 2014 This query is : Resolved
SIR,
MY WIFE HAS FILED MAINTENANCE ALLOWANCE CASE AGAINST ME AND COURT HAS ORDERED 2500 PER MONTH. LAST TIME I HAVE PAID THE AMOUNT THROUGH DRAFT IN FAVOR OF THE WIFE AS SHE COATED HER NAME IN THE PLAINT.

THIS TIME I KNOW THAT SHE IS GOING TO PUT AN APPLICATION THAT THE MONEY MAY BE GIVEN TO HER AS CASH. BUT I WANT TO GIVE HER DRAFT ONLY. CAN COURT PASS SUCH AN ORDER THAT I GIVE THE MONEY CASH TO HER. BECAUSE SHE DOES NOT HAVE ANY PHOTO ID PROOF OF HER NAME BY WHICH SHE HAS FILED THE CASE AGAINST ME. AND LAST TIME SHE HAS ENCASED THAT DRAFT BY FRADULANTLY. AFTER THAT I HAVE WRITTEN TO BANK AND BANK ACCEPTED THEIR MISTAKE THAT THEY REMITTED THE DRAFT IN ACCOUNT HAVING OTHER NAME.

KINDLY GUIDE ME AS I WANT TO GIVE HER DRAFT ONLY.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 08 May 2014
Wonderful really excellent reasoning .

Now do not let the matter die down easily.

No body can force you to make cash payment that is one issue.

Another imp issue with life long implications is that you request the court to first find out the identity of the applicant .

If you follow it properly the case will have to be dismissed.

ajay sethi (Expert) 08 May 2014
court will not force you to make cash payments .

Sankaranarayanan (Expert) 08 May 2014
i do agree with experts

V R SHROFF (Expert) 08 May 2014
ok good game.

Rajendra K Goyal (Expert) 08 May 2014
Court may not order accordingly. You may pay on Receipt duly signed and witnessed.

Guest (Expert) 08 May 2014
Court is not likely to give your order for payment in cash. Whether she has the photi ID proof or not that is not your problem. However, if in exceptional circustances, the court passes such order for cash payment, you must insist that you would prefer to pay the maintenance amount through court on depositing payment with the court. The court would not take this liability on continuous basis.

Raj Kumar Makkad (Expert) 08 May 2014
Court cannot listen the argument of your wife to that extent you posted. Cash or DD both are same and one and Court shall prefer to continue the same process.

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