ram (none) 19 January 2013

Suggestion needed

Hi,

I need some inputs on the following.

My spouse had filed divorce case in sep, 2011, however i was regularly visiting her and sending money before she filed the case and after filing the case also, i've sent money regularly through bank a/c i.e.,. from Jan 2012 money were sent via NEFT however from March 2011 to Dec 2011. monthly i gave cash for expenses.

Would getting cash after filing the petition would result in any criminal offence?? ie., she had filed case on oneside and on the other side she is getting money...

do let me know ur inputs..

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3 Replies

Ranee....... (NA) 19 January 2013

Has she filed for maintenance?Give money through cheque.

Tajobsindia (Senior Partner ) 20 January 2013

1. Before filing divorce along with maintenance case if a husband was regularly paying maintenance then that was his 'duty' to upkeep a wife. Such payments will not be counted and sought deductions when maintenance if decided in her favour in future.

2. It will just show him in good picture against backdrop of allegations she speaks in her either and or both matters which are now in Court.

3. As you say she filed maintenance case in Sept. 2011 and till date you are paying her some money which you call as maintaining my wife monetarily say as her upkeep, previously by NEFT trsfr. and now by cash, so you can mention all these along with self attested copy of Bank Statements to show yourself in good light and can tell Court that you have neglected her atleast on monetary front.

It is never a criminal offence so far a husband regularly pays for upkeep of his wife. The moment one does not pay then wife's takes husband to Court under various civil or quasi criminal or quasi civil maintenance laws to seek maintenance for herself that also if she is not able to maintain herself or if her husband is neglecting her.