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Cheque bounce of 3lacs given by husband at time of compromise


31-Aug-2023 (In Cheque Bounce Law)
At the time of compromise, my hub gave cheque of 3lakshs for the assurance to withdrawal of 498a case, then the same hell got repeated, he sent me out with our baby unaware of that case was pending. Now since from 3yrs no single penny he gave at least for the 2yrs old baby. So now I filed cheque bounce case. Then, now can I file for maintainance ? Because as cheque bounce is going on. What are my rights and baby rights to get maintainance? I'm jobless as no one to look after her staying at my parents home. Meanwhile came to know ,he resigned to his current job, and shifted to hyd from Bangalore. So can I go for maintenance? Will I get justice? If he's not doing job(in case I'm not sure)
Answers (2)

Answer #1
769 votes
Madam,

Yes. You can file maintenance for yourself and your kid. Proceedings of cheque bounce case would not be having any bearing on your maintenance case as you did not get the cheque amount from your husband yet. However, if the cheque bounce case disposes off before the maintenance case, then your husband can show the settlement in the court and your maintenance amount may get reduced. Also, find his current employment as I think that he will not his leave job only for the sake of avoiding maintenance. He might be working. Hurry up and file the maintenance case now as the process is quick and you will get maintenance for yourself and your kid.
Answer #2
718 votes
Hi,
Firstly was their any agreement entered into between both of you and then he has issued you the cheque. You can file for maintenance if their was no agreement between both of you and can proceed to file DVC case for accommodation and mental agony against your husband. Call us through the website for further assistance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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