Regarding interim maintenance in DV

589 votes

dear client as per your query you need to file an affidavit detailng that you are ready to pay the maintenance amount but your wife is not ready to accept the funds then again need to file execution petition..

Advocate Priyanka Singh LawRato

505 votes

If interim maintenance has been directed by the court, your obligation is to comply with the order. If the wife is deliberately refusing to receive the amount, you should immediately protect yourself by ensuring proper proof of payment. The safest method is to deposit the maintenance amount directly into her bank account as mentioned in court records, or through demand draft, money order, or any mode that creates a clear documentary trail. If she still refuses or avoids receipt, you may file an application before the same court seeking permission to deposit the maintenance amount in court, or for recording that the amount was tendered but refused. You should also place on record bank statements, return memos, or postal receipts showing your bona fide compliance. Once the amount is deposited in court or properly tendered, you cannot be treated as a defaulter. This will protect you from coercive steps such as execution proceedings or warrants. It is advisable to seek appropriate directions from the court at the earliest to avoid future complications.

Advocate Atanu Patra LawRato

868 votes

If interim maintenance is being paid as per court order but the wife is refusing to receive it, you should deposit the amount directly in the court or send it through bank transfer/money order so that proof of compliance is available. Intimation of such deposit should be placed on record. A party cannot deliberately refuse maintenance and later allege default. You may also move an appropriate application before the court seeking directions and protection from coercive steps, as compliance with court order is what matters.

Advocate Sudhankar Ghosh LawRato