Legal Question in Family Law in India

sir,

My interim maintenance reduced from 8000/- to 5000/- with effect from Feb 2013. I Have Filed in High Court against it. He was not paying Maintenance since Sep 2012, On the next date 27 Apr 2013 he submitted three different dated cheques and court forcefully handed over it to me. The total amount clears the amount up to Apr 2013.

Q1-- Should I incash all the cheque Or not ?

Q2-- Should I incash the cheque amounting up to Jan 2013 and not to encash Feb to Apr ?

Q3-- Should I do'nt encash all the cheques ?

Q4-- Receiving of cheque is known as acepting the cheque Or incashing the cheque is known as acepting the cheque ?


Asked on 5/01/13, 6:58 pm

3 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you can receive the cheques and the amount can be adjusted. you may mention this while receiving that the acceptance has no bearing on the challenge of amount.

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Answered on 5/02/13, 12:52 am
KAMAL GROVER

receiving the cheque means acceptance of amount. Now better to encash the same, but if this amount is less than the decided amount then you may file review in high court.

Good Luck.

[email protected]

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Answered on 5/02/13, 3:41 am
Jayesh Desai Jayesh Desai

If they have been delivered to you pursuant to an order, you need to file a review, but if they are delivered to you pending your appeal, (subject to appeal) then no need to file a review.

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Answered on 5/08/13, 11:12 pm


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