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new 498 victim (code developer)     26 April 2014

Urgent help needed from ld. advocates.

Dear Sir/Madam,

I was ordered to give rs.4000/- in 125 interim maintenance and rs.6000/- in sec. 36 special marriage act in a divorce case filed by me. Now in district court my wife's advocate is demanding that they have not got any money from me although i have shown court challan receipt against depositing money in the lower court in sec. 125. The judge is not listening at all to my advocate. He has told to deposit money to them in the divorce proceeding in front of him.

Now the opposite side advocate in divorce proceeding in every date telling that my wife is ill so her father will take the money. The judge is dirceting me to give her father the money against a provisional receipt.

Can her father take the allemony instead of her? If no, then according to which CPC  code her father cannot take the money?

What should I do now?

Also I heard that they have not taken any money from the lower court treasury.

thanking you,

regards

SJ



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     26 April 2014

when father is taking money in front of judge then it will be recorded in the order sheet. He cannot embezzle.

Laxmi Kant Joshi (Advocate )     26 April 2014

Agree with Mr.sudhir kumar .

Adv. Santosh Yadav (Advocate/Lawyer)     27 April 2014

If the father is taking money on behalf of her daughter than in that case mention the court that let the daughter i.e your wife

should file an affidavit in the court personally or thorugh her advocate mentioning the fact that her father will

collect the maintenance amount on beh

alf of her and currently whether she is staying along with his father or not and than your say must be taken on

that affidavit and accordingly court should pass necessary order to that application..

Shantanu Wavhal (Worker)     27 April 2014

Originally posted by : new 498 victim

Dear Sir/Madam,

I was ordered to give rs.4000/- in 125 interim maintenance and rs.6000/- in sec. 36 special marriage act in a divorce case filed by me. Now in district court my wife's advocate is demanding that they have not got any money from me although i have shown court challan receipt against depositing money in the lower court in sec. 125. The judge is not listening at all to my advocate. He has told to deposit money to them in the divorce proceeding in front of him.

Now the opposite side advocate in divorce proceeding in every date telling that my wife is ill so her father will take the money. The judge is dirceting me to give her father the money against a provisional receipt.

Can her father take the allemony instead of her? If no, then according to which CPC  code her father cannot take the money?

What should I do now?

Also I heard that they have not taken any money from the lower court treasury.

thanking you,

regards

SJ

 

4000/- in 125

6000/- in sec. 36 

showing the proof of 4000 only wont suffice.

u have to give her 6000 also. 

new 498 victim (code developer)     28 April 2014

Thank you to all of you for your valuable comments.

Please suggest what to do. The higher court judge has verbally ordered that to give wife's side the total money only in higher court by hand and not to give any money in lower court as per their plea. But he has not written about this as order.

What should be my appproach to lower court in case of interim maintenance. Whether should I give petition telling that I am giving money in higher court in affidavit or anything else .

Please suggest sir ...


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