Violation of terms and conditions of order

yadagiri (Querist) 21 April 2016 This query is : Resolved
Family court granted mutual consent divorce subject to payment of 15 lakhs as permanent alimony, the husband paid 5 lakhs cash at the time of order and remaining 10 lakhs he issued two cheques 5 lakhs each in the name of wife (recorded in divorce order), after presentation the same bounced as insufficient funds. The wife can file complaint u/s 138 N.I.Act or not, she can file contempt petition before family court and she can file petition for set aside divorce order. what remedies are there for wife against the husband

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Devajyoti Barman (Expert) 21 April 2016
The decree of divorce would not be set aside anymore.
However case of cheating lies and even 138 NI Act can also be filed.

yadagiri (Querist) 21 April 2016
Thank You Sir,
Can file Appeal against divorce order for non-fulfillment of terms and conditions of divorce order and Can i issue a single notice for both cheating and 138 N.I. Act. if any relevant citations is there kindly sent asap.

Kumar Doab (Expert) 21 April 2016
Your counsel shall provide citations, if required.

Expert Mr.Barman has explained to the author.

Devajyoti Barman (Expert) 21 April 2016
Yes, you can prefer an appeal on non settlement of conditions. It is permissible.
Meet a good alwyer for this as not everyone is aware of this provision.