Paying maintenance
Amit
(Querist) 12 June 2013
This query is : Resolved
Hi,
A residential order was passed in the DVC. The order mentions that the money should be paid through bank account.
My wife had given her bank account so I gave her two DDs so far.
When asked for bank details, she gave an account verbally. How can I trust this a/c number?
I don't want to pay her DD every month or deposit into the account she orally mentioned.
I'd like to deposit online into bank account and I mentioned the same judge and judge asked her to provide the details.
Can I ask her for a cancelled cheque and written statement regarding her bank account?
What happens if she does not provide me her bank details? Will we be at fault?
What can she do if we do not deposit the money (till she confirms in writing)? Will she have to file an execution petition?
Devajyoti Barman
(Expert) 12 June 2013
Let he comply the court order, Untill and unless she furnishes the details as directed by the court , you are not liable to comply with the order.
Rajendra K Goyal
(Expert) 12 June 2013
Agree. To be on the safer side, you may deposit the money in the court with the plea that the account no. has not been provided.
you have mentioned that verbally account no. was given, if she succeed in proving that the account no. was given to you, you may be in trouble.
Amit
(Querist) 12 June 2013
I gave a DD for 2 months in front of the judge and told him that she's not furnishing her bank details.
How can she prove that she gave the a/c no verbally? Thru audio recording? BTW it was verbally given to my lawyer and I was not present.
In any case, w/o her written statement, I am not willing to deposit into any account.
So, I shall wait till she gives that.
But my question is also, what can she do in the worst case? Can she file execution petition?
Anirudh
(Expert) 13 June 2013
Dear Amit,
Your intentions do not seem to be ok.
In Hindi they say the attitude as "Bal nochna".
If she has not given the account number, why don't you pay through account payee cheque (instead of DD). She has to necessarily deposit it into her account and take the money. Why do you insist that you should know her bank account?
Either do the above, or do as what Mr. Ravindra Goyal advised you.
Amit
(Querist) 13 June 2013
Anirudh, thanks for your suggestion.
I live in a different city than where the case is going on.
It's not possible to give her a cheque every month (and take receipt for it). I told this to Judge and judge has insisted on her to provide bank details for online transfer. The judge did not doubt my intentions. If she really wants it, she can give it in writing, that's all I am asking.
My question again is not about transferring money to her but what steps she might take. Please answer this question.
Anirudh
(Expert) 13 June 2013
Dear Amit,
Do you mean to say that without taking receipt, one cannot pay through cheque, sitting from outstation?
Amit
(Querist) 13 June 2013
OMG.
I don't want to handover the cheque every month.
Can you answer my actual question? Call me an idiot but take it for granted that I will pay only thru net transfer once she gives it to me in writing. Judge has no problem with it and you shouldn't too. You are solving the wrong problem.
My question is what are her options?
Anirudh
(Expert) 13 June 2013
I do not invoke any God. Nor do I want to call you an Idiot (as suggested by you).
She may have many options, one cannot list out an exhaustive list and I do not intend to do also.
Rajendra K Goyal
(Expert) 13 June 2013
It is never advisable to overlook court order. Whether the judge has ordered on the file that till account no. is not provided you should not pay ? If so, get a copy and don't deposit. In absence of such order,payment should be effected. She has to come every month to court for withdrawing the money when you deposit it in court.
