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ravivakill (ADVOCATE)     17 June 2013

Maintenance clarification very urgent

A Husband, from his own earning deposited joint fixed deposited in a bank for 5 years having first name of wife and second name of Husband, nominee is their son. Due to Quarrel among them wife file Maintenance suit U/S 125 (3) cr.pc in the court. The court sanctions monthly maintenance in favour of wife. Husband obey the order of court & paying maintenance regularly to wife & his small son, as son is with mother. Now wife withdraw interest from the bank also without consent of husband taking the advantage of First name in fixed Deposit. Can Husband file suit against wife for the recovery of interest accumulated from fixed Deposit . If yes under what section?

Here would i like to mention that actually at the time of opening of fixed deposit account  instructions are given to the  bank to deposit the interest in wife's account

Civil or criminal suit plz reply 

 



Learning

 3 Replies

stanley (Freedom)     17 June 2013

You have not stated what is the amount of maintanence that the court has ordered and wether the wife is a working women .

1. you have proof that the FIxed deposits are from the husbands account and is the husbands money . 

2. Tell husband to stop paying the maintanence provided that the amount of maintanence is equivalent to amount of interest she is drawing out of the fixed depsoits and if it is lower than only pay the difference . 

3.Let her approach the court that maintanence is not being provided and than you can state the above about the interest part than it is being provided in lieu to maintanence ;).


(Guest)

No, you cannot file any case against her.

 

If you got proof of she withdrawing interest, give same details to the court, you file for 127 for readjudication of alimony awarded, court will reduce alimony.

KaliMuthu KrsihnaMoorthy (BUSINESS)     17 June 2013

Dear sirs,

My friend, applied for divorce case with medical ground and he was sanctioned with the following judgment by the subordinate Judge & Asst, Sessions court Paramakudi under Ramnad district on 11.01.2013 and decree copies are prepared and handed over to my friend on 22.04.13. During cross of this case my friend's wife is prayed to the judge that she is willing to live with my friend, but out of the court, originally she is refusing to live with him even after so many attempts made by my friend by the various forums. Actually my friend's wife is only expecting the maintenance and other amounts from my friend thro out her life without giving divorce too and she is not at all willing to live with him. My friend's wife is also government employee and she is also earning Rs23000 per month. My friend is getting Rs22000 per month. The judgement is as follows

1. Divorce petition is dismissed

My friend's wife filed I.A relief to her during the divorce case and for the I.A. relief following judgment is sanctioned.

2. As a Maintenance my friend have to give Rs 5000 monthly to his wife and one female child living with her

3. For case expenses my friend have to give Rs20000 to his wife

Kindly consider the above situations and judgements, clarify for the following queries please.

Q1. In the Interim allowance, judge is not mentioned any period for the interim allowance. Is it possible to award maintenance of Rs5000 for I.A. relief without mentioning the interim period?

Q2. For case purpose only his wife is saying that she is wiling to live with my friend, but out of the court she simply saying that "what ever it may be you meet me in court. I wont come to live with you.". Even if again restituion of conjucal rights petition is given she will definately say the she is again willing to live with my friend. But she wont. In that case What should my friend do?

Q3. For the sessions court maintenance order, where should my friend appeal, ? whether to Ramnad district court or High court Madurai? Please clarify early

Q4. Kindly give the leading family dispute lawyer name and phone number at Ramnad district and as well as Madurai district please.

Q5. If decree copies are prepared and handed over to my friend on 22.04.13 then what is the last date to appeal to District court/ High court


 

 


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