Legal Question in Family Law in India

Maintenance to wife

My friend aged 33 years old is a victim of false 498a case. The marriage was in November,05 she left her husbands home after two months taking with her the jewels etc. Then she was brought back but she left after one month and filed a 498a case. But due to a good police officer at the preliminary stage forced a compromise by which my friend has to pay a one time payment of 2 lakh duly certified by a MOU. But my friend insists on depositing the amount with Investigating Officer and only to be released after getting the divorce which they will be able to file only in December, 2006 i.e. after one year and the final divorce decree coming in June,2007. The problem now is that the girls side wants the payment to be kept with the adovate as FD in the name of either of the advocate and on maturity i.e getting divorce the amount will be released to the girl. But my friend has doubt about the deal as the advocate himself is insisting on this and wants the amount to be deposited as FD (Fixed Deposit) in the name of the girl with the Investigating Officer only to be release after getting the divorce. Kindly advise on this as to which is the correct thing. Can we believe in the advocates as my friend trusts no one at present.


Asked on 6/08/06, 3:13 am

3 Answers from Attorneys

Jitendra Prasad Saxena Medicolegal Centre

Re: Maintenance to wife

I still reply the same as before

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Answered on 6/09/06, 11:36 pm
Jitendra Prasad Saxena Medicolegal Centre

Re: Maintenance to wife

Reply has already been given. No further comments or reply required

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Answered on 6/10/06, 8:55 am
Jitendra Prasad Saxena Medicolegal Centre

Re: Maintenance to wife

Let the divorce case be decided first then the claim should be lodged in accordance with the terms.

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Answered on 6/09/06, 10:56 am


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