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Vijaymbhave (It Developer)     07 July 2011

Ways of Paying Maintenance

Can Anyone tell me what are different ways to submit maintenance or alumni  amount in the court under mutual divorce ?

DD (Demand Draft) or Cheque or Cash or thro RTGS

Mahesh



Learning

 5 Replies

Manoharan (Private Secretary)     07 July 2011

My wife and myself are living separately for the past thirty years.  Now we want to apply for divorce on mutual consent, by granting a lump sum amount to wife.  I told her after six months, before Judge delivers judgment, I will give the entire amount by DD.  But my wife demands that entire amount should be given to her in cash, before she signs the petition for mutual consent of divorce.  My opinion is that if I give entire amount in advance that too in cash, she may withdraw her consent at any time.


Kindly clarify to my E.Mail ID; puppybarathi@yahoo.co.in

 

N. Manoharan

Amit Parmar (Junior Lawyer)     07 July 2011

Hello Mr. Manoharan

                            First of all when your wife is demanding for an cash before singning petition of Divorce. Then i think that you should bring the said money case along with the witness and submit to your lawyer in the court premises infront of your wife her lawyer etc .

                           Mostly we all are having mutual respects to each other's, so if one lawyer is taking the responsibility of money towards the other lawyer then in most of the cases we do the settlement and submit the said money to the other side. so i think that if you trust your lawyer then you should follow the same procedure..


 

Adv. Chandrasekhar (Advocate)     08 July 2011

No.  It is not the question of trusting.  It is only and purely business transaction to snap the matrimonial ties.   If husband has apprehensions for not paying the whole money at the first instance, his apprehensions are very reasonable.

I suggest pay 1/3rd or 1/2 of the agreed amount at the time of first motion before the hon'ble court by way of A/c. payee cheque.  In the petition, it shall also be recorded that if the wife does not turn up for second motion, she will return the amount with some rate of interest, immediately within one month from the date of second motion.  If she does not honour this provision, the husband can recover that amount by filing recovery suit at her cost.  If the husband does not turn up for second motion, he will forego the amount he paid at the time of 1st motion.  Needless to say, at the time of second motion, the remaining amount has to be paid either by cash or demand draft and not by cheque as is done in the first motion,

1 Like

Sandeep Aggarwal (Advocate)     11 July 2011

Dear manoharan give all the money in cash in front of judge only or by DD. Mind it and save urself from unnecessary fight/cases

Sandeep Aggarwal (Advocate)     11 July 2011

By any method you want pay it but always with a proof so that u can prove it at any stage of life


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