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Kg   22 October 2015

Is maiden name is barred ?

Sirs/Madams

 

In DV case filed by me, my Husband deposited 4 months interim maintenance in Nazir Office of the Court because I was out of town and when I approached Nazir Office then the Asst. Supdt. refused to give cash and asked to take cheque.

 

But I have filed DV in my after-marriage-name. However the problem is that after marriage I could not open Bank account in my after marriage name because I was deserted immediately after marriage.

 

Hence I made application in the Court to give me the cheque in my maiden name and also I filed affidavit that both names (maiden name and after marriage name) are of mine, to which the Respondent (my Husband) did not disputed.

 

But the Court rejected my application by saying that if the Cheque is given in maiden name then there will be accounting problem in Nazir Office.

 

How to get Cheque in my maiden Name?



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 October 2015

File an application before the court in the pending case and get the order, if the court passes an order then nazir will issue the cheque

ROHIT SHARMA (Legal Advisor )     22 October 2015

1. In the D.V. matter your married name must have been made and so with such order of maitenance in your married name can be shown to the bank and you can open an account in your married name without any problem.

Kg   25 October 2015

Sirji,

I have already made such application as stated in Para No. 03 and 04 of my original Question which I reproduce herein below :-

"Hence I made application in the Court to give me the cheque in my maiden name and also I filed affidavit that both names (maiden name and after marriage name) are of mine, to which the Respondent (my Husband) did not disputed.

But the Court rejected my application by saying that if the Cheque is given in maiden name then there will be accounting problem in Nazir Office."

In such case what is other remedy ?

My Dear sir kindly show some citataion, if any, wherein the cheque has been allowed to pay in maiden name.

Is payment in maiden name barred ?


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