can father-in-law can pay the maintance amount which is pending on husband?
sampoorna
(Querist) 19 April 2008
This query is : Resolved
sir,
i had claimed maintance case in famaily court from my husband since my husband was in u.s.a court had issued summons to my husband more than 5 times through various process.then to my husband had not given any replay to tha court then i got it XPARTY.court had issued an order that i should get a maintaince from my husband. then after that i filed for every 6 months in the court for an award.my husband after coming to india he is upscanding court had given a paper publication.and issued an N-B-W on my husband now totally from 2 years my maintance amount is pending in the court.recentely i got an evidence to prove that my father-in-law is in touch with my husband. i submited those papers to the court.court had issued a summon to my fathear-in-law to furnish the address of my husband.my fathear-in-law came to the court and said to the magistrate that he is ready to pay the maintaince amount which is pending on my husband. and he requested the magistrate to recall the warent which is pending on my husband.
court had given a date for this month 28th.can my fathear-in-law can pay the amount?
pls give me a repaly,
thanking you,
sampoorna
SANJAY DIXIT
(Expert) 19 April 2008
The related Court has made an order for maintenance against your husband not against your father-in-law. Therefore legally the liability of payment of maintenance falls upon your husband.
if your father-in-law has given an undertaking before the related Court that he will pay the maintenance amount on behalf of his son as awarded by the Court; then no problem is there.
Maintenance amount should be paid to you according to Court order; doesn't matter who is depositig the amount son or father.