• In mutual divorce when and how the settlement money given

Our marriage was lasted for 2-3 months. We separated because of her extra marital affair.But she then filed false 498a and other cases against me. Case is running in court since 4 years but meanwhile we have come a conclusion for mutual divorce for a certain permanent alimony along with she will drop all the 498a/DV charges from section court. But they are asking to deposit the alimony amount as Demant Draft in the court at the time of mutual divorce filling. 

Here my concern is whose name or in courts favour should I make demand draft?
Is it completely safe to attach DD in the court with the mutual petition? 
If later she change her mind and creates any problem or contest against divorce or 498a/DV proceedings then whether she can take the DD as if that's created in her name ?
If she doesn't give the divorce at the end moment can I take the DD from the court and en-cash it by cancelling the DD?
After mutual divorce filed if she does any mischievous attempts can the court criminal cases against her for contempt of court ?
Is it advisable to pay the permanent alimony at the end of the divorce hearing?
Is there is any court guidelines for the same?

Please advice how to proceed. I don't trust those people that they are cheaters.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

Dear Querist

It will be better to refer the matter before mediation center and settled the matter with all terms and conditions, it will be better to pay the alimony or settled amount in three emi's as first at the time of first motion of divorce petition and second installment at the time of second motion of divorce proceedings/ finally divorced and third installment at the time of quashing the FIR before the High Court.

This document or settlement before the mediation shall be a valid documents and can be enforced by court too, if they breach any terns and conditions of the settlement then they can be prosecuted.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. There is no system of deposit the money with court in the case if mutual divorce. Make two halves of the whole money. Pay first half at the time of filing the petition or after quashing the 498A case and remaining half at the time of final hearing of divorce suit.

2.No, you could nothing if she after taking money refusing to end 498A case or refuse to give mutual divorce.

3.Yes you can pay at the end if she agrees.

4. I advise you to make the money into 3 parts.Pay first part when MCD is filed in court, 2nd part when she quash the 498A case and last 3rd at the time of final hearing of divorce suit.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

there is no harm in depositing DD of settlment amount in court

2) demand draft should be made in favour of registrar family court . details fo case number should be mentioned in covering letter

3) consent terms should contain a clause that if wife withdraws her consent for divorce or refuse to cooperate in quashing of 498A case then money deposited in court would be refunded to you

4) if wife has given an undertaking to court tand she violates undertaking then contempt of court proceedings can be taken against your wife

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Here my concern is whose name or in courts favour should I make demand draft?

Is it completely safe to attach DD in the court with the mutual petition?

You may have to obtain Demand draft in her name only.

The court will not accept any money for this purpose as court deposit.

In fact you cannot file the DD along with the divorce papers.

If later she change her mind and creates any problem or contest against divorce or 498a/DV proceedings then whether she can take the DD as if that's created in her name ?

If she doesn't give the divorce at the end moment can I take the DD from the court and en-cash it by cancelling the DD?

You can take the demand draft for half the amount for the present and can inform them that the balance shall be given at the time of second motion.

If she withdraws her consent after first motion, then she may be asked to return the amount already received by her by issuing a legal notice to her.

After mutual divorce filed if she does any mischievous attempts can the court criminal cases against her for contempt of court ?

It will not fall under contempt of court but such cases may not be maintainable.

Is it advisable to pay the permanent alimony at the end of the divorce hearing?

Is there is any court guidelines for the same?

There is no guidelines for such transactions but it would be advisable that you pay the alimony amount at the time of second motion.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

They are not agreeing for 3 instalments so I have to choose safest option available to deposit Demand draft or in any other mode available that shouldn't give access to her till end of all the the proceedings(including 498a).

A DD is valid only for three months hence whether three installments or one installment, the DD should not be become invalid due to time limit.

Hence you decide about the same.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

depositing demand drfat in court will protect your interests

2) wife cannot with draw said money until divorce decree is passed / 498A proceedings are quashed

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

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