execution order on maintenance arrear

960 votes

If you transferred X amount to wife’s account after she filed 125 CrPC, and deposited Y amount in daughter’s Sukanya Samriddhi account, whether it will be deducted from arrears depends on facts. 1 Amount transferred to wife (X) If: • It was clearly for maintenance, and • You can prove it through bank statement, and • There is no other purpose mentioned (like loan repayment, gift, etc.) Then yes, courts generally allow deduction of such amount from arrears. But if there was no clear mention that it was maintenance, court may not automatically deduct it. 2 Amount deposited in Sukanya account (Y) This is more complicated. If court order says you must pay maintenance to wife/child monthly, then depositing money in Sukanya account may not automatically count as maintenance, unless: • It was agreed by wife, or • Court had permitted such mode of payment. Sukanya deposit is treated as savings/investment, not regular maintenance for daily expenses. Many courts do not treat it as adjustment unless specifically ordered. What Should You Do? Yes, you must raise objection in the same 125 CrPC court where arrears are calculated. File: • An application for adjustment/set-off of amount already paid. • Attach bank statements and proof. • Clearly explain purpose of payment. Do not wait for execution stage. Raise it during arrears calculation.

Advocate Prity Raj LawRato

983 votes

You can apprise the court with the facts and tell it what you make and how many people are dependent on you. Amount of maintenance is subjective dependent upon several factors. For precise advice detailed analysis of your is required.

Advocate Harshit R Gupta LawRato

511 votes

Payments made after the filing of a Section 125 CrPC case can be adjusted against arrears. You should file a formal application for set-off in the same court with proof of these transactions as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

919 votes

Hi Yes, that is correct. The appropriate course is to request that the relevant portions be adjusted so that, when the matter is addressed before the Court, the Court can clearly identify the heads under which the amount is to be appropriated and, accordingly, deduct or give credit for the said amount against those specific heads. Let me know if you need further legal assistance in the said matter.

Advocate Pragati Srivastava LawRato

689 votes

No, arrears must be for maintenance amount only payable to Wife for section 125 Crpc case filed against you. My understanding basis what you have mentioned is that voluntary Y amount has been deposited in daughter sukanya account however that if that has been deposited in pursuance to court order for maintenance then the same needs to be deducted or offset against the arrears payable by you but if not directed by court in its maintenance order then No. Best to share and strongly advisable to come for detailed legal consultation alongwith all documents and complete facts and inputs to receive best possible and effective legal advise. Best wishes.

Advocate Abhijeet Negi LawRato