Hello my wife has filed an application for recovery of 50000 RS in family court u/s 125 crpc. I have received notice to appear on 22 august. on 23 august I have my own case of divorce and child custody at my place. I don't want to go in family court as that is very far.I want to deposit money in her acct and send a proof of deposit via registered post. My querry is that if I deposit amount online in her account and send a online transection detail to family court at her place via registered post and do not appear,is that allowed or I have to deposit money in court only Please adv
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Respected sir ....
It will be better to provide that amount of money to your advocate and he will provide her that above said money on your behaf and that will be a legal procedure ...and then he can move an application for personal exemption on your behalf that all is a legal procedure ...
Thank you
You can deposit money in her account
2) you need not appear in person in family court
3) your lawyer can appear on your behalf and produce proof of funds transfer to wife account
4) no need to deposit money in court
Yes you can do that. Engage a lawyer who will appear on your behalf and inform the coury about the deposit and request for your exemption from the proceedings.
Regards
I don't won't to engage lawyer. I just want to deposit online and sent a notice to my wife and send a proof of deposit to family court in advance via registered post that I have deposited amount now. If entire amount is deposited and I have sent proof of online banking transaction well in adv my wife can't deny that. Will this acceptable by family court??
Hi
Yes, the amount deposited by you via online mode would be acceptable to court.
You cannot address letter to family court
you can make payment and infirm your wife of funds transferred to her account
your wife cannot deny payment
You need to only deposit the money once ordered by court and not on her demand. You first appoint a lawyer and contest the 125 crpc case. After court ordering the amount and if you don't want to appeal pay the same in her account or send her by post it's your personal choice
Respected sir ..
You can deposit the same in a manner in which you want but you must have to adopt an appropriate procedure which is led by the framers of crpc ...
Thank you
Courts don't accept registered letters. An application has to be filed stating that you have done the needful in compliance of the orders of the court. Your wife can tell this fact but it is doubtful. In any case if a dTe is fixed you cannot be absent.
Appearance is must or through advocate. Have to inform in person or through advocate that money deposited. Even if not appear on first date, no impact when you are willing to deposit amount.
See if she has filed application and the order of court is not there of maintenance.you should engage an advocate to contest 125crpc .
Also donot deposit amount and send reciepts.
See it is not acceptable and not proper way to represent the case.
you can deposit money in your wife account and your advocate can appear behalf of you and inform to court about deposit.
You can deposit the amount in her account as per orders of court and send an intimation to the court through your advocate, let him file a memo giving the details of payment made and the evidence to prove the same.
You may have to somehow communicate before court and there should be a proper representation from your side to establish this fact and to avoid further legal action in this regard.
Sending a letter to the court will not be entertained by court, it has to be represented in the open court either by you or through your advocate.
She will keep silent even after receiving the amount and may not inform court about it because it is not her duty to do that.
You may think about taking a risk in this regard or not.
Dear
For that you have to appear in the court through your advocate and he will deposit the proof of deposit in account of your wife.
If you don't want to appear in court personally you have to hire an advocate. Otherwise you have to appear in court personally to deposit proof of transaction.
