Wife file case as cheque issued as a permanent alimony bounce


Falsy 498a, maintenance case, domestic violence cases filled , after words withdrawn all cases due her false...one divorce document prepared and signed both parties, my self gave a cheque of RS 4.5 lakhs as a permanent almony.. now court alowed divorce...she was married, I am not in position to pay that huge amount... now my doubt is ...she can file a cheque bounce case on me... please inform your valuable suggestions on this matter... awaiting.. sir.

Answers (5)


298 votes

Sir,
I am very sorry to tell Law is very strud. you have to pay. The court is in middle of you. the consideration the court is witness to the transaction its it


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140 votes

Sir, The question itself not clear. As per my knowledge
Q1. When she has married after the divorce or before granting divorce decree from the Hon'ble Court
Q2. Whether she can file Cheque Bounce case on you or Not (Yes She can file cheque bounce case in case Cheque Dishonoured)

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74 votes

yes, she can file a complaint under section 138 NI Act, as it was issued in discharge of your legal obligations and the other circumstances i.e she is re-married or your financial crises are immaterial.

317 votes

Dear client,
If she was really married you should not pay any Alimony to her.
You should cancel the cheque first and through advocate inform the court that she remarries and stop the alimony..

The wife's own income or earnings -

The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.

As discussed earlier, under the provisions of the Hindu Marriage Act, 1955, even a Hindu husband can claim alimony from his wife if he earns less than her or does not earn at all, though this is rare.

Usually, the husband is bound to maintain his wife till her lifetime.

However, if the wife remarries, the husband is absolved of his responsibility and can petition the court for orders to stop the alimony. Similarly, if there is a change in circumstances, that is, the husband is unable to maintain the wife due to a financial crisis or any other adverse situation and the wife is financially independent earning a decent salary, then the husband may petition to the court to address the changed circumstances. The the court may, taking into account the facts, evidences and circumstances prevailing at that point of time, modify, vary or rescind the order.

207 votes

cheque is an instrument

you are liable if it's bounces
you also said false 498A and DVC that you have to challenge in the appropriate courts

If they present cheque and it's bounced , you are punishable under 138 NI Act

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