Wife not accepting amount in interim maintanance

Querist : Anonymous (Querist) 10 August 2011 This query is : Resolved
Dear Sir,
I am falsely trapped in 498a and DVC cases.Interim maintenance is granted to wife by the court. Wife not accepting the amount as she wants to approach the high court...she and her lawyer did not approached the high court court. I deposited that checks in the court. Memo was issued saying that I issued and SHE NOT ACCEPTING IT. Now main DVC cases is going on, after 1 yr. she is asking the whole interim amount till now. What to do in this situation.How can I give 1 yr amount now.Can I file any petition/application that I can give amount to her after main DVC case closer. I can prove that its false case.I have supporting documents for that. How can I COME from this situation...PLZ help

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M/s. Y-not legal services (Expert) 10 August 2011
Which amount you depositing before court? Are you depositing the cheques regularly? Your wife only asking entire pending amounts or specifically court ordered you to pay the full amount to her?

M/s. Y-not legal services (Expert) 11 August 2011
If court's specific order to repay the entire amount mean without paid the amount court will not allow you to proceed further. And if you feel that you having merits mean just file a petition for quash the

adv. rajeev ( rajoo ) (Expert) 11 August 2011
Just you go on deposting the amount in the court or her bank account. When you have got doucments apporach the high court for quashing of the DV Act.

Advocate Rajkumarlaxman (Expert) 11 August 2011
I agree to experts and as you have been depositing the cheques then what is the harm let her ask for entire amount which was to paid till date. you have already deposited then also court has to order to withdraw the same as the same was deposited in the court. Hence she may be claiming for same. Entire does it mean full and final maintenence as the matter is pending she cannot claim that . what is the stage of the case.

Guest (Expert) 11 August 2011
Your query is not clear, whether cheques deposited in the court were in the name of your wife or were meant to be encashed and accounted for by the court in Government account?

If you have been handing over the cheques to the court in the name of your wife, naturally, the court would not have been able to encash the amount of those cheques and would have been lying uncashed in the case file with the court. The amount would still be lying in your bank account. Your liability would not be considered to be over as compliance of court order still pending unless the orders are modified or rescinded by the court.

Sanjeev (Expert) 11 August 2011
I feel that you deposited the cheques for Interim Maintenance once or twice and when it were not accepted by your wife first time you did not deposit any further. In that case you will need to deposit the cheques from the time maintenance was granted till date.

Querist : Anonymous (Querist) 13 August 2011
Thanks Sirs for your replies...

Yes Sanjeev ji ur right...I deposited the cheques for Interim Maintenance 4 TO 5 TIMES e and when it were not accepted by MY wife Ididnt deposit any further. Affadavit was filed by my wifein main DVC case now...my question is Can I ask court that I can give her whole amount after completion of main DVC case...I have evidences to prrove that she filed false cases..