How interim is possible in my case?
Guest
(Querist) 30 August 2015
This query is : Resolved
- marriage on - december 2010
- 2012 my wife done 125 maintenance case
- since 2013 i am sending her money order as per my capablity Rs.2000/- and sometimes Rs.3000/- for my daughtr and wife (she is continuously refusing every time)
- i work as a typist and earns Rs.5000/- approx per month
- my medical and rent are also there which i have to face
- but suddenly on 2014 november i got interim order of Rs.3000/- with previous arears of total Rs.24000/- (but the 125 maintenance case date extended, she absents in court)
- then I paid Rs.10000/- by small installments of 5000 each
- but still i am sending her Rs.2000/- (she refuses) but comes at court to get the interim pay (my home to court distance about 190 km, my friends are saying she harrassing me)
my question is-
after getting the full interim order of 24000, i think she will again proceed to court for the next interim order (but still she refuses my money orders)
i think she is harrasing me as refusing the money orders and calling me to the court for interim installments (as my home distance is about 190 km)
# her demand- "ghar jamai"
Rudrawar Narayanreddy
(Expert) 30 August 2015
if the case is pending send dd to the court and the court will pay to her. You need not go to the place of your wife.
Guest
(Querist) 30 August 2015
my question is how is it possible that she is refusing my money order and how interim is possible in my case (as i am a regular sender of maintenance to my wife and daughter)...
i am regularly sending her money order since 1 year 11 months approx.
Guest
(Querist) 30 August 2015
thank you rudra sir for your answer.... could you suggest me how to handle...
ADV-JEEVAN PATIL, MUMBAI
(Expert) 31 August 2015
U need not bother since u are paying regularly. If refuses bring this to courts notice court may ask to deposit it in court
Rajendra K Goyal
(Expert) 31 August 2015
Bring the fact of refusal to accept the money order to the knowledge of the court.
Anupam Lahiri
(Expert) 31 August 2015
Dear Anish,
You have made certain mistakes. In the first place, the maintenance amount is to be deposited to the court and it is the duty of the court to hand over the same to the claimant.
Secondly, the maintenance is ordered by the court taking into account the capacity of the person and other aspects.
Second aspect is that she has refused to take the money you have sent. Bring this to the notice of the court. You would get appropriate relief.
Now, as far as the demand is concerned, it cannot be got redressed in court. You better make an effective negotiation with your wife.
Guest
(Querist) 31 August 2015
thank you...
T. Kalaiselvan, Advocate
(Expert) 04 September 2015
Matter of fact you have been sending maintenance money to her on your own and have not bothered to comply with the court order, so she is right in refusing to accept the money order sent by you on your own which is not conforming the court order. Moreover when there is a court order it becomes your duty to pay the maintenance amount in the court to her and not by your own mode of payment that too lesser amount than what court has specified.
See where and what went wrong.
