125 maintenance and dv act interim
Ankur
(Querist) 28 October 2017
This query is : Resolved
Hi All,
An order has been passed by the Honorable court in 125 to pay the interim maintenance from the date of application. The other case DV is also in consideration state.
Can that big amount be divided into multiple installments?
What will be the mode of payment better for us?
Do we also need a receipt or affidavit of that she got money from us? She only submits a written acceptance in the honorable court, which is added in our case file.
Will I be getting more maintenance amount in DV act?
I have applied for the name deletion application for my sister who is living abroad. Will that be considered first before argument on interim maintenance in DV case?
What will be the best strategy to fight all false case on me (498, DV, and 125)?
Thanks
Rajendra K Goyal
(Expert) 28 October 2017
You asked:
Can that big amount be divided into multiple installments?
Reply:
Get Court orders for this.
You asked:
What will be the mode of payment better for us?
Reply:
Through cheque / Bank draft is better.
Rajendra K Goyal
(Expert) 28 October 2017
You asked:
Do we also need a receipt or affidavit of that she got money from us?
Reply:
Can give the cheque / Bank draft before court or can take receipt of the instrument.
You asked:
She only submits a written acceptance in the honorable court, which is added in our case file.
Reply:
It is sufficient proof of the payment acknowledgement.
Rajendra K Goyal
(Expert) 28 October 2017
You asked:
Will I be getting more maintenance amount in DV act?
Reply:
Depend on the court.
You asked:
I have applied for the name deletion application for my sister who is living abroad.
Reply:
Approach High court for quashing of FIR against your sister.
Rajendra K Goyal
(Expert) 28 October 2017
You asked:
Will that be considered first before argument on interim maintenance in DV case?
Reply:
Depend on court. Generally interim maintenance is considered first.
You asked:
What will be the best strategy to fight all false case on me (498, DV, and 125)?
Reply:
Gather and submit solid proofs in your favor. Engage services of experienced lawyer expert in such cases.
Ankur
(Querist) 28 October 2017
Thanks @Rajendra
The order is that I have to pay from the date of application and that makes it a big amount to be paid. There is nothing mentioned in the order that I have to pay the due at once or in multiple installments. Though, I started paying the monthly interim.
Ms.Usha Kapoor
(Expert) 03 November 2017
If she gets interim maintensance u/s125 CR.P:C this amount of maintenance can be set off against any hgher maintenance granted by DV court. You can file a quash petition either through Writ of Certiorari in Hgh court to quash her false FIR or file section 482(inherent powers of HIghcourt) to quassh the false FIR.She submits written acceptanceof the amount ofmaintenance. Then that is good proof of payment of maintenance on your part through her acknowledgement.before the court You file a quash petition u/s482 Cr.P.C to quash the false FIR against your sister. Same strategy you can adopt in getting the false FIRs qusashed in 498 A IPC either through a writ or through section 482 criminal revision case(inherent powers of criminal court) in Highcourt.
