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Kumar Mysore (no)     08 July 2024

Maintenance case payment issue

Dear Advocates,

Recently, a District Court ordered the respondents (three brothers) to pay ₹2000 to the petitioner (their mother). A Taluk Court had also ordered the same payment of ₹2000 to the petitioner. Our advocate confirmed that the amount to be paid is ₹2000 from the three brothers collectively.

However, the opposing lawyer has sent a notice demanding ₹2000 from each brother, totaling ₹6000. The relevant court orders are as follows:

Taluk Court Order:
"The respondents No.1 to 3 are hereby directed to pay maintenance at the rate of ₹2,000 per month to the petitioner from the date of this petition till her lifetime."

District Court Order:
"As per the trial Court order, respondents 1 to 3 have to pay the maintenance of ₹2,000 per month to the petitioner."

My queries are as follows:
1. What steps should we take next?
2. How can we convince the court that the maintenance amount is only ₹2000 from all three brothers collectively?
3. Should the payment be made by check or demand draft (DD)?
4. One of the brothers has not been in contact with the others for 15 years. Can we pay only our share?

Your guidance on these matters would be greatly appreciated.

Thank you.


Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

The court order copy is to be perused for giving proper opinion If it is an order against all the three then you can decide whether to pay it individually or collectively.

Kumar Mysore (no)     08 July 2024

Thank you, Sir. We have decided to pay individually. However, we need guidance on addressing the payment issue. We plan to pay a total of ₹2000, divided among the three of us, so each person would pay ₹666 per month. How should we respond to the opposing lawyer, who is asking for ₹2000 from each person? Additionally, how can we convince the judge that the total payment should be ₹2000 for all three of us combined? Your advice on this matter would be greatly appreciated.

T. Kalaiselvan, Advocate (Advocate)     08 July 2024

The opposite lawyer is not the authority. What is your lawyer saying after perusing the court order? The opposite lawyer cannot demand the money from you directly. He has to follow the procedures to file a collection petition before the court. If you believe that the court has passed orders to collectively pay Rs. 2000 then you can refuse the claim made by the opposite party in the court citing the judgment in this connection. What is your advocate's opinion, you have not whispered what your own advocate expresses his opinion about opposite advocate's claim. Ascertain the facts and revert

Kumar Mysore (no)     08 July 2024

Thank you, Sir. Our advocate informed us that it is only ₹2000 from 3 people, and we have requested our advocate to proceed in court based on this. We trust our advocate, but I asked for your opinion to understand the procedure better. Thanks for your prompt response.

T. Kalaiselvan, Advocate (Advocate)     10 July 2024

You can follow the advise of your advocate properly if it is found to be correct and proper, instead of getting misguided by various thoughts and ideas of various advocate of this website or different websites. 

Radhey Krishna   12 July 2024

Seeing your query without ssing the proper order contents, i can suggest below.

For safer side , atleast start paying Rs. 2000/- collectively if in case of further disagreement  by opposite party clarity can be  obtained from hon'ble court.

 

 

Kumar Mysore (no)     12 July 2024

Thank you all for your prompt suggestions

Radhey Krishna   12 July 2024

You are most welcome.


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