• Mutual consent divorce

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My sister in laws family is ready to go for mutual consent with one aggreed amount.
Now they given us two option the pay the agreed amoiunt. either pay whole amount in one go in court via cheque during filing the case in court and first appreance of their daughter and my brother or give the amount half in first motion and then remaining amount in second motion. 
In first case or even in second case if the girl take the case back in given time or do not appear in second motion thne what can we do
Asked 2 years ago in Civil Law from Gurgaon, Haryana
1) best option is to go for divorce by mutual consent 

2) dont make full payment at time of filing of petition for divorce by mutual consent 

3)you should pay 20%of amount  at time of filing of divorce petition and 80%^at time of second motion .

4)if your wife with draws her consent or fails to appear divorce petition would be dismissed .

5) you can take contempt of court proceedings against your wife
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Hi, you have to pay 50% amount at the time of filling and remaining  amount at the time of giving consent at the time of signing final agreement, but one thing both party trust each other so you can settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) The best option is to file for a mutual consent divorce.
2) It is unwise to pay the entire amount at one go at first motion as if the wife goes back or doesn't appear the case can eventually get dismissed. At that stage you would be compelled to file s an independent divorce.
3) Make a payment of only 50% at first motion and the rest on the day of the order.
4) Endure that you make a detailed list of things exchanged and the schedule of payment and let it form part of the petition.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
execute a MOU/compromise deed and mentioned all the terms and conditions, both the parties will be bound with the terms and conditions.
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
1. Yes, there is a risk for making early payment as there will not be much to do immediately if she refuses to appear on the 2nd motion,

2. So, either pay nothing or pay negligible amount assuring her that the balance payment will be made through Demand Draft at Court on the 2nd motion just before her appearing before the Court & if she does not get the said payment, she has the option to refuse to appear in which case the MCD application will be postponed and finally rejected after 18 months from the date of its filing.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Get a deed of settlement be prepared incorporating all the terms and conditions of the settlement for mutual consent divorce including payment of agreed amount in two parts- one at the time recording of statement and secondly on the date of passing of order/recording of second motion statement.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
We suggest you to execute an MOU, therein specifying the terms and condition of settlement.Further, it is suggested that making full payment at first motion will not be a good idea and thus you should pay 50% at First motion and another 50% at second motion
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. Mutual Divorce is the easiest recourse available under the Indian law to end a strained marital relationship. 

2. The entire amount should not be paid in one go at the time of filing of the case.

3. Pay not more than 30% at the time of filing. The remaining amount should be paid only at the second hearing.

4. If either spouse withdraws his/her consent the case will be dismissed. Even contempt of court proceedings cannot be initiated against the spouse who backs out.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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