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new 498 victim (code developer)     06 May 2014

In a mess

Dear Sir/Madam

In crpc 125 (case no:A ) case till date maintenance required to my wife is Rs.110000/-, amomg which I already paid 100000/-.Before that my wife has filed a execution petiition (case No:B) in which she claimed Rs. 93000/- till january 2014. The court fixes a date per month for execution and I give money on that date and I get a challan with ref case no:B. Now my question is I have paid the amount of money my wife has claimed in execution petition but some arrear is left for crpc 125 (Case no:A) till date. Now should I deposit money against case no A or case no:B.

Please help me sir I am confused. My lawyer is telling that the execution case will continue till the 125 case is over. Therefore if I deposit money in case no:B I am actually depositing for case no:A.

Is it true?

Thanks in advance.

SJ



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 May 2014

It is true you paid for case no.A. You have to pay as per court orders fully as per case no.A

Tajobsindia (Senior Partner )     06 May 2014

1.    Confusing brief.

2.    If she is claiming 93 K in Execution and you already have receipts of payment made to the tune of 1 L then this Execution case itself should be dismissed by showing the receipts which is more than what she prays to a Execution Court.  

3.    For subsequent arrears each time she is required to file Execution and simultaneously in main case if you are building up corpse by receipts of payments being made regularly then same need to be shown to Execution court to dismiss the same. The reason being your receipts are more than what she is praying in Execution court.  

4.    Execution case is only for the period when arrears accrued and being claimed by party by way of instituting and Execution suit petition and not that it will continue till eternity.

5.    You may continue depositing arrears in main case as and when you are having funds or as per your capacity or simply following the per men sum award of maintenance accordingly.

{Last reply}

new 498 victim (code developer)     06 May 2014

Really thanks sir for your kind hlp.

I understood.One thing I also want to mention you that I paid my wife 20000/- (monthly 3000) from Jan 12 to aug 12 when she left my home doing 498A as maintenance. My wife filed the case of crpc 125 in march 2012. I told judge that I have paid such & such money and showed the proof of internet transaction and made another petition for adjustment of that money from arrear of 125. Judge told that he will see it in future. Now I have paid the whole arrear as per execution case except the 14000/- (from March to aug 2012). wife's side did not agree with the money and as per their calculation 14000/- is still left. What I should do now? should I tell judge to give a chance of hearing for the petition I submitted that I have paid 14000/- by internet transaction and stay the execution?


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