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Madhav Kotecha   15 September 2017

Payment of maintenance to wife

She filed interim and 125 in feb
 
Reply mein i gave evidence:
--> her salary slips of 5 yrs before marriage (hp company) for last yr, it was 50k-60k
--> her appointment letter of hp
--> her cv that said tht she has work exp of 10 yrs in bangalore
--> her it returns of 2 yrs
-->  her tds certi of 2 yrs
-->  my salary slip tht said my income as 30k
-->  i pay emi of 20k
-->  sc judgement which said emi shud be deducted
--> 3 sc judgements that said wife cant sit idle and she cant be parasite on husband.....also she wants to milk me thts y she doesnt want to work
 
My wife's lawyer just put an effidavit stating my income to be 2 lak a month (which is false) and two pamplets of class whr i work (my pic is visible in team photo)....
They had claimed that I own the classes.
 
On 27th, judge may/may not pass interim........
I m hopeful tht it will be cancelled......
But
In case he passes a large amount, i will appeal in hc.
In case he passes a minimum amount then how can i pay to my wife?
 
a) Through cheque in her name and give it to her
b) Through cheque in her name and submit in court
c) Through cash submit in court
d) DD in the name of principal judge of family court
 
I want to use c or d option 
Is it possible


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     15 September 2017

You may pay through D.D in her name.and submit D.D in court.

Advocate Bhartesh goyal (advocate)     15 September 2017

You may pay through D.D in her name.and submit D.D in court.

Siddharth Srivastava (Advocate)     15 September 2017

If you are not satisfied with the order then you have every right to challenge the same in higher court like court of district and session judge, high court. In appeal the court may order you to deposit some portion of the ordered amount as ordered by the magistrate. You can pay the awarded amount through cheque in the name of wife and can handover the same in court. Sidharth 9811776422

sai narayana   15 September 2017

If she is still working then there is no question of maintenance as she herself earning 50k or at least 25k.

You can just transfer through IMPS or NEFT and keep the record of same, it's enough.

You have every right to appeal regardless of quantum of maintenance unless it is very meagre. Pending appeal the revision court may pass interim order/relief facilitating to pay just half of the amount and remaining will be decided on the outcome of the appeal.

Adv Radhika Mehta (Advocate)     15 September 2017

The judge will most likely in the order specify the mode of payment.  If not, you can give by cheque or directly deposit in her Account.  Cash or DD in the name of the Judge is not advised. 


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