An order of interim maintenance of Rs.10000 against me was awarded to my wife on 16/01/2017 by ACJM. All monthly amounts were deposited in judicial cash from Feb to May before 10th day of every month still the awardee initiated an execution case to realize the amount from January to March through court which I have already deposited in judicial cash timely. My question is it advisable to stop depositing maintenance in judicial cash from now on & wait for executions to take place from their side each & everytime & pay the due on the basis of the order of execution because I am sure that they will harass me instead of withdrawing amount peacefully from the cash counter even if I deposit it within date every month?
She might not have been aware of the deposit amount in the court deposit hence she would have filed the execution petition to execute the decree of award.
There is nothing wrong in paying the amount every time at the time of disposal of execution petitions by the court.
You should comply with court orders and pay maintenance on time
2) don't wait for wife to take execution proceedings on your failure to deposit the maintenance amounts
1.If you have deposited money in judicial cash then I wonder your worries.Once you show the court the receipt of deposit the execution case will be dropped.
2. I find no reason why you should stop depositing money in judicial cash.
3. In this event there is scope for harassment.
it will be better to stop paying the amount and wait for execution and when ever you got the notice from the court then pay otherwise no need to pay anything.
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What is the procedure to deposit maintenance to wife by self in judicial cash without the help of any lawyer and how can the maintenance be withdrawn by wife from judicial cash?
You can file an application before the concerned court seeking its permission to deposit the maintenance amount before the court in court deposit account.
The court will hear the petition and may pass an order after which you can deposit the same in the designated bank where the court's account is being operated.
The withdrawal from court deposit shall be the problem of the wife who would claim it.
She may follow the requisite formality in this regard.
Obtain certified copy of court order for deposit of maintenance amount in court
2) deposit the cash in court registry
3) mention the case number , name of parties , court room no which passed the order
4) you would get receipt for cash deposit made
5) forward receipt to complainant so that she can withdraw cash deposit made by you
why are you worry about her?
When the court issue notice to you then after receiving the summon from court appear before the court and make the payment to her before court.
Without help of lawyer you can not deposit money in judicial cash.
1. It is not advisable to avoid complying with court order and wait for execution order by the Court since it is risky and any repeated non compliance might attract penalty also. Moreover, final order for the maintenance amount may be affected if the Judge finds such effort of repeated non compliance of order passed by the Court.
2. Contest the execution petition duly submitting the evidence that you have already complied with the Court order and your wife is just trying to harass you by filing the said execution petition.
1. I always suggest my clients to send the Cheque/DD by speed post on time.
2. The best way is to apply before the Court directing the wife to inform her Bank account No. with IFSC Code and after getting the said information, RTGS the same from the Bank account by issuing a mandate to the Bank in tis regard.