Legal Question in Family Law in India
I have given some checks by my ex husband as alumni for divorce. I didn't notice he has given his company checks which is in USA and I am in India. I don't even know whether the company exists or not. 2 checks bounced already and I am getting effected as bank is deducting money from my a/c. I am now scared of depositing any more checks. He is telling me he doesnt have money and cant give now. But the reason I signed as he agreed to give the amount. What steps can I take?
4 Answers from Attorneys
You may register a criminal case of cheating against him with the local police / court; and may also file appropriate application for recovery of alimony amount.
you can file execution in the court that issued the order of alimony instead of depositing more cheques. in execution, the husband may be directed to replace the cheques or give cash instead.
U MAY FILE CRIMINAL COMPLAINT U/S 138 N.I ACT AGAINST UR HUSBAND ALONG WITH EXECUTION FOR RECOVERY OF ALIMONY .
you have several remedies. You may file criminal complaint for offence under section 138 by first issuing notice to your husband. Your second remedy is to file execution. Your third remedy is to file contempt of the court against husband. Fourthly and finally you may go back to the court for setting aside the decree on the ground of having not complied with the orders of the court. Final cause of action, certainly would depend upon the terms of decree.
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