• Award of maintenance under Section 125 CrPC

Judicial Magistrate ordered award of maintenance of minor girl child.  Marriage of parents was in dispute. Father paid maintenance for child to mother by a cheque. Mother filed petition for payment in cash. Court allowed petition and ordered payment by cash rejecting payment by cheque of bank. Can father challenge such order? lf so, pl. tell relevant law. Is there any law as to mode of payment of maintenance? How  can father ensure that amount of maintenance be used for welfare of  girl child only?
Asked 2 years ago in Criminal Law from Kolkata, West Bengal
you can file suit of restitution of conjugal rights u/s 9hm act .try to solve situation amicably or with the help of marriage councilor .on receipt of maintenance to child, mother has to give undertaking before court to spend child maintenance amount on the child only .
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. Though all orders passed by the Magistrate is amendable to challenge before higher court, it is unlikely to succeed. Unless the husband can establish that payment by cheque is difficult for him the higher court may not reverse the order.
2. For custody of the child the father will have to file fresh case for custody under Guardian and WARDS Act wherein the court would look into the educational aspect of the child,
3. The father can marry the mother of the child for which no permission from court is required. if he does so then the legal disputes are likely to come to an end.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Dear Querist
you may file an application u/s 151 of cpc for getting the information of the expenses which was expense over the child. the court have power to pass an order or direct the opposite party to produce the account statement of all the expenses.

for child custody the father should file a child custody case against the mother before the court.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. The order of lower court can always be challenged in a higher court, but the higher court does not allow the challenge unless it is shown that the order of the lower court suffers from a legal infirmity.

2. If you can prove in the higher court that if the amount is paid by cash it may not be used for the child's welfare then you may succeed, else it will be an exercise in futility.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
If father desires to have the custody of the child then he is required to file a case for child custody in the court. The question of child custody is to be decided irrespective of whether or not the father has been ordered to pay maintenance to the child.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1. The apprehension that cash payment will not be recorded or that the mother of the child may further claim payment inspite of receiving the same should have been brought before the Court,

2. Since, it has already been ordered, it is suggested that after paying the same for few months, the Court can be approached with the allegation that the said mother of the child is not issuing any receipt & praying for a direction to collect the amount before the police station by isuing receipt,

3. If the mother of the child is wedded by you, then all the problems will be solved.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
You can file an application before same court under sec 127 crpc for admission of child in residencial school, produce all  relevant evidence regarding proper care of child. 
You can challenge that award in revision petition or file a suit before family court for custody of child. Fami,y court is competent court for deciding this matter and maintenance order shall also be reviewed by thiscourt. You must adduce all evidence regarding carelessness of her mother and your desire to give proper education to child. Mother is the natural guardian of femalechild but it does not apply in all cases, it is rebuttable on adducing relevant evidence.
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0

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