• Payment mode for mutual divorce settlement

Hello, me and my wife have been living separately for over two years and we have finally decided to go for Mutual Consent Divorce. I have agreed to pay her an amount of 5 lacs and return the 'stridhan' consisting of a couple of gold items as a part of final settlement. The problem is that she wants me to pay her the entire amount while filling for the divorce, which i have strongly disagreed. But she wants an assurance in some form that i will pay her the amount.

My question is, is there any way of paying/handing over the said amount/stridhan to the court while filling for divorce and the court will handover said amount/stridhan to my wife at the time of the time of Decree of Divorce ?

I have gone through few answers and suggestions to similar question on the internet but not able to find a reliable answer :

1. Some suggest we can deposit the amount in form of cash to the court while filling for divorce. The court will then handover the entire amount to the wife at the time of the time of Decree of Divorce. The court in the mean time will get the interest on this amount. If such arrangement exists then what is it called ? Can we also deposit 'stridhan' to the court ?

2. Some lawyers suggest we can issue a DD in the name of the wife while filling for divorce and the court will hand over the DD to the wife at the time of the time of Decree of Divorce. If this is possible, then what happens when the DD expires, since DD is valid only for 3 months and the divorce procedure can take more than 3 months.

3. If there any facility to have a Fixed Deposit in name of my wife ? Is it called FDR ?

I short I need a way through which my wife can get assured that i will the paying her the agreed amount. Without the assurance she is not ready for Mutual Divorce.

Could you please help...
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Best way is by way of NEFT every month.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi, in mutual consent divorce a MOU is made and signed by both husband wife settling the terms like alimony and streedhan.. You can make a DEMAND DRAFT in favour of your wife and can mention the details of such DD in the MOU .. Some of streedhan and DD can be given on the first or second motions respectively.. MOU will bound both of you legally , and if further she refuses or denies for divorce she will be entitled for cheating under 420 IPC .. You contact me in person for further guidance and support.. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

1. You can handover the amount and her property which includes a stridhan property at the time the court finally grant the decree , with the help of your lawyer who will make a receipt in a stamp paper that would be signed by your wife or can be done in a simple demi paper which will be duly stamped and signed by the party receiving it .

However , you can not submit it directly to the court .

2.No you cannot pay by DD though the court will accept it .

3 . Not applicable here.

4 .You can enter into an agreement which will state that you will give her the agreed item and amount on such date by assuming a date when the court will pass it's order .

Hope this helps.

If you have any questions please feel free to ask me.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1.) No, in case of mutual consent divorce court will not look into the matter of mode of payment and all.

2.) You can give her post dated cheque as per the date of the both motion. And you can mention this things in the compromise agreement.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

No need to deposit the amount in court. You can file consent terms in court. As per the consent terms you can handover the DD or cheque to her at the time of divorce decree or before that also. Once the DD is given the terms will be fulfilled and the decree will be drawn by the court.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

sorry, what I think that she needs something for assurance, but What about her intention if she refuses then.

So, tell her to wait till the time you both file a case then if you go for FDR then it will be a proof that you must have agreed for it that is why you did it as no one pays anything after divorce proceedings get started.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

you cn gv half amount at d tym of fst motion nd half at d tym of second motion or in alternate u cn file petition that at d tym of second motion u ll gv her 5 lacs nd both of u hv to file affidavit nd in court ur statement ll b record fr d same

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

A MOU can be prepared which shall be signed by both parties husband wife and in which she can undertake that she has received stridhan on time of signing the MOU and the amount shall be given to her on time the court pass divorce decree as maintaince amount in lieu of mutual.comsent. this MOU shall be be binding and this can be consenting terms which can be added to divorce decree. So both parties will be binding to it.

Also you can give the post dated cheque with details mentioned in MOU and also a condition that a week before giving cheques in bank wife shall inform you in writing.

Mutual consent divorce.court doesnot interfare in maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) the consent terms should contain a clause that Rs 5 lakhs would be deposited by you in court within 15 days of first motion . the court can invest the said money in FD for period of 6 months

2) you can return the stridhan at time of filing for divorce . it should not be deposited in court .

3) there should be clause in consent terms that in the event wife with draws her consent or fails to attend court at time of second motion the Rs 5 lakhs deposited in court would be refunded to you

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

1. there is no method to deposit money in court towards divorce settlement. So forget this idea. I always advice to make the money into 2 parts. once to be paid during signature and rest during final motion. Do not budge from this term.

2. Again there is no way the court will do this. I am not sure why some lawyers ave suggested this an during MCD the court has nothing to do take custody of money till final verdict.

3. You can though create an escrow account which is to be paid only after certain point of time. Talk to the bank on this.

OTHERWISE PAY 2 TIMES TO AVOID AL COMPLICATIONS. THIS IS HOW ALL SETTLEMENTS ARE DONE.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hi,

The proper agreement in writing can be made and the same would be filed in the court during first motion. The final amount would be paid during second motion only. It is suggested to pay by cheque or DD and not by cash.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can decide that part or the entire money shall be deposited in Court. You do not need to deposit cash for this purpose. You can hand over a cheque in the Court in the name of the Principle Judge and the same shall be invested and the interest accrued shall be available to your wife after the Decree of Divorce is passed. Alternatively, since she just wants security, you can put her stridden in a box, lock the same, hand over the key of the box to her and then put the box in your locker.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You can also make a list of receipt of goods by your wife in front of magistrate by an affidavit cum. Deceleration which can be used as an evidence in your case when ever you file for MC divorce.

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1. You have been misinformed about this.

There is no provision in law for that.

You may have to make your own arrangements on this outside court.

2. This is again a misinformation only.

The court cannot interfere in your personal arrangements or agreement with her.

This is not a legally liable debt for which there is a court order hence the court will accept it as deposit.

3. FDR on her name is also your personal agreement with her.

You should give her confidence that you will pay her the balance amount at second motion while a part amount shall be paid at the time of filing the case as an assurance.

Alternately you can hand over a post dated cheque to her if she agrees.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Issuing a DD is the best way and also submit the copy of the DD before the court

Handover the stridhan in presence of the court on the date when the case is listed

Enter into an agreement for mutual divorce and make a part payment by means of DD towards the Settelment amount

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

My question is, is there any way of paying/handing over the said amount/stridhan to the court while filling for divorce and the court will handover said amount/stridhan to my wife at the time of the time of Decree of Divorce ?

Ans. There's no provision for this.

1. Courts do not deposit the alimony/stridhan with them during pend ency of the MCD petition.

2. The Court will neither accept a DD and deposit the same with it.

Enter into an agreement to give her an assurance. Mention in this agreement in black and white, all the terms and conditions of separation, as also the monetary arrangement.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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