Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajiv_lodha (zz)     13 December 2014

Payment of permanent alimony

Family court granted contested divorce to husband on cruelty grounds (HMA) with a rider that decree of divorce will come into force only if husband furnished a DD of 5 lac rupees to wife (permanent alimony sec 25) within 2 months from date of order. Husband tries to deposit the DD in court after 1 month. Judge refuses to accept application saying that I never wrote “DD to be deposited/disbursed through court ! U give it directly to wife”.

Now his lawyer sends it via a registered post. The post is delivered at wife’s address but there is no encashment of DD even after 10 days of receiving by the wife. All we can prove is the ‘receipt of reg. post’ but who will prove that DD was inside this envelop?

In other words, we still do not have any SIGNED RECEIPT of DD by the wife. What best can be done now? so that wife does not come out with a plea that husband did not give DD even after 3 months of divorce orders n decree stands void?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 December 2014

You would have write a covering letter enclosing with DD addressed with a copy to her lawyer,  and keep a copy with you. The postal receipt has to attach with the copy and inform to the court.

rajiv_lodha (zz)     13 December 2014

Thanx for reply. I know about the flaw which is already done. Nothing can be done now as reg post has reached her.

What best can be done NOW to safeguard us? A wide thought.....can I send her a new reg letter saying

1) DD of permanent alimony was sent 2 u on XX date (copy attached), received by u as per postal records on YY date

2) You have not acknowedged its receipt even after lapse of 7 days

3) Kindly ackowledge the receipt asap via reg post

OR some other better idea?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register