(Guest)

Should i start paying maintenance before interim order

I am thinking of paying some amount for my daughter but my lawyer says no. I was thinking on a humanity ground I should pay at least 2000 rupees for my daughter to my wife even though my wife is working and hiding it from court. I think interim maintenance will get passed after 2-3 more court dates. Please suggest what should I do ? I do not want to give a penny to my wife but for my daughter I would like to give something as of now. I gave in lumpsum before I received divorce notice.

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6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 July 2014

Yes, You can pay by money order and make a rejoinder petition by annexing all money order in the same court and prey for dismiss the 125 since you are already maintaining your child before the interim order passed. Please file both perjury and CrPC 91 against her. All sample petition is there in my links bellow.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

T. Kalaiselvan, Advocate (Advocate) 19 July 2014

There is nothing wrong in paying maintenance amount to your child, it is your child, thus it becomes your duty to maintain her/him. Create a record of the money sent to your wife which may be useful to contest her maintenance case.

fighting back (exec) 20 July 2014

it will be beneficial for you to pay before any order passed, it will show your good intention in court. even if you start depositing money in her account. dont inform her, keep silent. if she doesnt disover who pays the cash in the account. she will make a claiim in court that she is not getting money. then you can claim that money is already being deposited, you show your receipts, and inform the court that i had already informed her of depositing the money......................

(Guest)

This is exactly what I wanted to do moment I received divorce notice but my lawyer wanted me to wait till interim order gets passed. Luckily I had deposited sufficient amount just before divorce petition.

stanley (Freedom) 22 July 2014

I presume your case is going on in the court as you have stated that your interim order has not yet been passed . File an application for voluntary maintenance for your child stating the amount you want to deposit in the court for so and so month . The judge will pass the order for your voluntary maintenance and you can deposit the same in the court for which they would issue a receipt.

This helps as ir- respective of the fact wether they want to take it or not is their look out .