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Siv (engineer)     29 October 2012

Payment of maintenance through bank cheque

Hi,

 

Through which means Interim Maintenance will be paid in Family Court .....

Can husband pay monthly Interim Maintenance through Bank Cheques?



Learning

 17 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     29 October 2012

Yours is reverse problem otherwise spouse apply for execution .

Simple solution for your problem, apply in the court for other side to desinate a specific bank account and you can deposit in the same regularly .

stanley (Freedom)     29 October 2012

Alternatively you can deposit the same in court by cash for which a receipt is issued to you .

Siv (engineer)     29 October 2012

wife alredy has bank account, will court accept my bank cheque on her name/account number? Is it valid process?

stanley (Freedom)     29 October 2012

Has the order been passed for interim maintanence by the court or is this your voluantry contribution . If it is voluantry than pay cash in court for which a receipt is provided . court is not concerned how you pay the amount provided you tell the court to modify the order mentioning that you would be paying her in so and so account on her name . Since tomorrow she may close the bank account and state other reasons for non -payment of interim maintanenc just to trouble you .

So better option pay cash in court and trouble her and let her pick it up from there :)

Siv (engineer)     29 October 2012

In my case I want to ask the court to give my money to the wife after disposal of my petition filed U/s 127 of CrPC (seeking cancellation of Interim Maintenance) .... what is the best option for me.

 

I want to make sure that wife wont get money immediately till order is passed in my petition U/s 127 of CrPC

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     29 October 2012

Interim maintaince will not be cancelled either by same court or in appeal.

You may harass her by depositing in court but better option will be pay in her account. Court is concerned with payment and not with minor details.

Siv (engineer)     29 October 2012

Is it that the Section 127 of CrPC is not applicable for Interim Maintenance .....?

 

But Statute clearly show that it is applicable to Interim Maintenance also. Please consider the above post.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     29 October 2012

Laws are gender biased and are interepreted in favor of weaker s*x.

sanjeev pawar (service)     30 October 2012

hi stanley,

just wanted to ask, if voluntary contribution is done by husband, when the trail for interim and final maintainence is still going on, will this contribution have a good effect on the maintainence order, i mean, will this have a positive impact in the eyes of the judge, that , the husband realises his reponsibility. or is it better to wait for the interim and final order

stanley (Freedom)     30 October 2012

yes voluntary contribution has a good effect a positive impact on the judge as well as screws up the opp counsel . Since interim maintanence or final maintanence takes a long time to come to a conclusion maybe 2-3 yrs also  and when maintanence is decided  the opp counsel starts asking for arrears along with interest from the date of application or maybe from the time of neglect . when voluantry contribution is given he cant ask for the above .

Sandy12345 (none)     30 October 2012

Shiv 

1-How much is your monthly income as per your wife claims?

2-If it is not correct then have you submitted your income proofs?

3-what about your all liablities & expensies?

See our Judiciary is gender biased to a certain extend, especially lower courts.

It is interim maintenance & you dont have other option rather than to pay it to your dear wife, but dont choose the easiest way.

STANLEY is correct pay by cash in court, let her feel some heat. your presence is not required your lawyer will do it on your behalf.

contact me for better clarification, may be it will help you 9811382179

 

Siv (engineer)     30 October 2012

As per wife version:

 

1. Husband salary is Rs.80,000/- per month.

2. Yes, I submitted my salary with self attestation that says it is Rs.50,000/- per month.

3. I have dependent Parents and Sister (widow).

4. I have No house and no land properties on my name.

 

As per husband version:

 

1. Wife has Own house (worth Rs.25,00,000/-) and Rs.40,00,000/- worth agriculture lands.

2. Wife has 640 grams of gold.

3. Wife earning Rs.28,000/- per month.

4. Wife has savings more than 1,20,000/- per year.

5. Wife has no dependets (marriage lasted only one month).

 

 

Even going by the version of wife, if all family memebrs share the money of husband then less than Rs.26,000/- will be there for each member fo husband family (without considering the wife) and wife is getting Rs.26,000/-. Wife shall not entitled for any maintenance....

stanley (Freedom)     30 October 2012

If wife is earning than no maintanence I dont understand why you have raised so many questions :( do you have children 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 October 2012

By any means you deem fit.

 

 

 

Regards,

 

Shonee Kapoor

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