Yes. If the evidence shows that it was an amount payable to the wife in satisfaction of certain contractual obligation.

So its mean that if wife lies and registered case against husband then she is right and genuine? So whats law? that husband can’t trust wife or not given any money for take care of children and wife. Tell me how to save husband from this situation… REPLY SOON…

[attachment=54]138.txt[/attachment]

Once you admit… you are liable

I said that if there is evidence in support of the contention of wife, - I lay stress on the world ‘evidence’. Such situation occur sometimes. For example, when the husband sells the property of his newly-wed wife through fraud or undue influence, and if his wife feels cheated, the husband cannot take refuge under the plea that he pays money to his wife to take care of the family needs.

The court will see whether the plea of the wife is supported by legally valid evidence. If there is no evidence, the case will go in favour of husband. As you do not come forward with the specific details of the particular case, the opinion can be given only in general terms.

sir, please answer my question .. My husband is saying he is ready to face any consequence that he wont take care of me and our child

Then let him face the consequences.

Sue for maintenance for yourself and your children if your husband is neglecting to take care of you.

most important thing in this query… husband neglecting wife.

1. their is lots of difference between maintenance and 138 NI act case.

2. In 138 complainant has to show court that their is legally entitled debt . if the cheque which is given by your husband given under any legal entitled debt then it is 101% correct that you have complete right to file 138 case.

3. If cheque given as maintenance as gratuitous transfer (without any court order) in that case you are not entitled to file case because money given without any contract it is just gratuitous transfer.

So Best solution is that if your husband neglecting you and your child…file a petition under S. 125 of crpc for maintenance and once court pass order then your husband is bound by order…if even after he didn’t pay maintenance to you…then you have right to file execution of that order…and court pass three type of order first attachment(confiscation) of movable and immovable second arrest order and last even impose fine…all this is additional to maintenance amount…because if court pass maintenance spouse is bound by judgement

any further advice you can contact at my mail id (adv.rakeshpandey[at-the-rate-of]gmail[dot]com)