Can I withdraw the amount deposited by husband in the court
24-Dec-2023 (In Divorce Law)
If your husband has deposited an amount for the maintenance of your child in a child maintenance proceeding, it is typically meant to provide financial support for the child during the pendency of the case. The ability of the wife to withdraw the amount before the final settlement of the case will depend on the specific orders and directions of the court.
To determine whether you can make a withdrawal of the amount deposited in court for your child, you should review the court orders and consult with your lawyer. The court may have imposed certain conditions or restrictions on the withdrawal, such as requiring the wife to demonstrate the child's specific needs or seeking the court's permission before the withdrawal.
If the court orders do not restrict the withdrawal of the deposited amount, you may be able to file an application or seek permission from the court to withdraw the amount. The court will consider factors such as the child's financial needs, the progress of the case, and any other relevant circumstances before making a decision on the withdrawal.
For the execution of orders of interim maintenance, it is directed by the Supreme Court in Rajesh v. Neha (2020) that an order or decree of maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as the case may be. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly Sections 51, 55, 58, 60 r.w. Order XXI.
How do you write an application for withdrawing from a court case?
What is order 23 rule 1 withdrawal?
What is the procedure to withdraw the court case?
Adv Prasad Patil
Pune
withdraw the maintenance amount which deposited by your husband in the court.
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