Legal Question in Banking Law in India

Opening bank account malaciously
I have been ordered to pay maintenance for a false case of Domestic Violence against me. In her deposition she has failed to prove any of her allegations. I gave her an A/C Payee cheque in her married name. She did not have an account in that name, nor does she have any photo id for the same yet she has managed to open account. Can I somehow expose her move??

Asked on 6/18/08, 6:55 am

4 Answers from Attorneys

Manish Dhingra Legal

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Re: Opening bank account malaciously

Yes you can.....but whats the point in doing so brother.

Its a court order, you have to pay eventually.

Answered on 6/18/08, 12:43 pm

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J. Radhakrishnan independent Practice

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Re: Opening bank account malaciously

If you have been ordered to pay maintenance in a false case, you can appeal against the decision to the appellate court. Re.payment by cheque, as long as the same has been encashed by the real intended payee, nothing can be done. In case, notwithstanding the encashing the cheque, the payee whose name appears on the cheque, claims that she has not received payment, you can ask the court to summon the records of the Bank through which she has encashed the cheque, albeit in another name.

Answered on 6/18/08, 10:16 pm

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