• 498A and thereafter 125 CrPC

498A case against my husband pending,. Next filled a 125cr pc family court sbjudiced , interim petition pending , that time suddenly husband send a money order 2000/ , Refuse the money order , not any court order why can Receive that , my question in from court nor General dairy local police station? What am I ?
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

Mam it may be case that to contest your 125 crpc application your husband was advised by his advocate to send money to show that he is maintaining you, you should not have refused that as now he can contend in court you refused to take the maintenance amount but there is way out the court can be informed that husband to contest the application sent a meagre amount of 2000/- Rs. against your demand.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As you had filed the maintenance case against your husband under section 125 of CRPC, your husband must have been sending money in order to show his Bonafide intentions in the court that he was regularly sending you money.

It's good you didn't accept such a low amount of maintenance from your husband and can definitely raise this issue in court that such a low amount would not be sufficient to maintain yourself.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

What is your query,

AS much i can understand, you are not bound to receive 2000 rs voluntarily given by husband. And even if you would have received than also court will order maintenance 25% of husband income.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. What is the basis of refusing the money order of Rs.2,000/- Is it for the reason that you had claimed much more?

2. You can receive the money order sent by him if the amount is satisfactory since otherwise, your husband will claim that you have enough money to maintain yourself for which you have refused to accept the money sent by him.

3. Your 498A and maintenance case is already pending. The is no room for lodging any police complaint for your husband's sending you the money order of Rs.2,000/-.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Please state as to on which stage is the 498 a case is on?

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If you have child than more otherwise apex court has fixed limit 25% of salary per month and if husband earns very good than according to his life style.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Pursue the maintenance case and avail the ad interim maintenance order at the earliest.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

You peruse the case submit the evidence of his income and claim the maintenance from him, and pray before court for higher amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since the interim application is pending it is a calculated move by your husband to evade being made liable by the court. At this stage it will not be wise to accept the MO.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

you should have accepted the money order of rs 2000 even if there were no court orders

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

what is your husband income ?

court would consider husband income while determining amount of maintenance payable to you

i presume you are not working

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

Let the interim order passed by the court after that collect the maintenance from the court.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1) First, you get maintenance order from court u/s 125 CrPC and than keep fighting on 498a.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Madam,

Ask your advocate to get interim order on maintenance immediately. Further ask your police to arrest your husband.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Kindly clarify your questions.

Press the case of 125 and claim maintainance from the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

At what stage is the 498A case pending.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1/3 income of the husband can be granted to wife as maintenance if she is unable to maintain herself as per various judgment of Hon'ble supreme court. He wants to show before the court that it is you who are not ready to live with him and even he is not neglecting and refusing to maintain you.

Prove his income before the court and get maintenance as per law.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

If you are taking this 2000 rupees then court will think that this is actual amount that you need for your survival it is always better not to take this kind of help and let the code decide your actual maintenance amount.

Police will take appropriate action and file final report in 498A.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since you have already approached court for maintenance, you may refuse to accept the money sent by him and can inform him through your advocate to not to resort to such ideas especially when the matter is subjudice before court.

This letter may be an evidence to prove that he is trying to hamper the court proceedings.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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