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Can I withdraw the amount deposited by husband in the court


24-Dec-2023 (In Divorce Law)
i am Hindu,In my mcd.execution( 5 year old) case 3arrest warrant were issued,but not served for the consent term of fees of child. After 2 dates( these 2 dates was without arrest warrant went as lawyer of resp. pleaded)this dt Respondent not appeared in court but sending another adv.not filed VP to give pursis 1.The res hereby do undertake that he shall attend the office of sub-registrar on --- 2.The respondent is today depositing amount without prejudice to his wife to contest the actual amount a for ----toward the alleged fee of the child.( amount of cheque is just 10% of the receipts submitted) 3.The respondent is ready to sit across the table with his counsel &the counsel of the petitioner to work at the balance amount if any. one of the consent term transfer of property share to child pl advise what meaning i should draw?Can i remove that money with application or wait till next date? judge accepted cheque as it was drawn on court name butnot issued arrest warrant.Thanks
Answers (5)

Answer #1
194 votes

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.


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Answer #2
933 votes
Hi first make application for withdrawal of amount whatever is deposited by your husband in court. second apply for non-bailable warrant against your husband or attachment of property. Either your husband will pay reaming amount or the police confiscate the property for auction.
Answer #3
593 votes
Let money be in the court's account as in any way you people have mutually settled the discord.. once cheque is given and lawyer is pleading there is no need to issue arrest warrant.. you will get interest on money deposited in court so no need to worry..

Answer #4
659 votes
Dear client what is ye exact case and what order court grant in yr favor. Whether court grand maintenance order in yr favor. If yr husband has deposited maintenance amount as per court order then u can withdraw it. For proper discussion call me

Adv Prasad Patil

Pune
Answer #5
919 votes
Yes u can
withdraw the maintenance amount which deposited by your husband in the court.





































































































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