RAJU 24 June 2016

125 maintenance

My friend's wife filed a case for maintenance under 125 against which the bhopal court granted 2000 for her & 1000 for daughter in 2012 we have receipt of Rs.48000 & we paid 30000Rs. for which we dont have any receipt. we have approached our advocate manytimes for receipt of total amount we paid & how much is left but he is not responding. We stay in mumbai and we dont know what is going there. we want to pay the remaining balance amount as we are filing a divorce case in mumbai our advocate suggested to pay the balance amount as soon as possible but we dont have anybuddy there to help us. also we cant transfer the amount to our previous lawyer as he dont provide us receipt and we dont know whether he paid the amount or not. Kindly guide us the same.

Earlier my friend wife was not working now she is earning well n staying in delhi & also she demanded Rs.60000 in her petition against which bhopal court granted only 3000Rs. can it b helpful for us in our divorce case & final settlement.

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4 Replies

Khush 24 June 2016

it is better if u transfer or deposit the money in wife's bank account. so i suggest you the same.

regarding she is doing job, you can file review petition in the same court with the proofs of her current job. then the court can cancel its maintenance orders.

maintenance under 125 is no way helpful in final settlement. final settlement depends on the mediation and the people who are involved in mediation.

remember: estranged wife always demands a huge alimony, so do not take any tension if you hear from them that they want huge alimony.

better contest the divorce case in court, and with time they will definitely come down to lower amount.

RAJU 24 June 2016

Thanks! but we dont have any contact with her & dnt have bank account no. since she is earning well Rs.3000 is very nominal for her, it seems that she is not willing to take that amount as she is not taking any action for last 3years for maintenance she just want to harrass us. & she is settled in delhi. but as i mentioned earlier we want to file a divorce case so we want to clear the balance amount or please suggest any procedure so that her mother can go to Bhopal & pay the amount without any obstacles or misguided by any lawyer. Can it be pay online into bhopal court?

Khush 24 June 2016

well, i will suggest you to file divorce case.

do not worry, nothing will happen even if u hv not paid.

Remember: If you are in mumbai, she is in Delhi, she can easily got that divorce case transferred to Delhi. You have good grounds of divorce as more than 3 years of separation are there.

need not worry for payment, if court will ask u then u can pay.

nikhil singh (Advocate) 24 June 2016

Write a letter to your wife or to the advocate of your wife asking her to provide u the bank account so that u may transfer the amount directly. File a divorce and try to get the evidence with regard to that your wife is earning well and then place that evidence on record.

Nikhil Singh

Advocate

Supreme Court of India

(M) 9352444446, 7838078186

Off:A-63, Defence Colony, New-Delhi