• Divorce matter

Accordind H.M.A We decided in Mediation Agreement for mutual divorce with term & condition of paying elimony by me to my wife & one daughter age 16 years which is in her custody permanently . Amount of Rs 6 lac in first motion i.e (3 lac FD for girl child in guardianship of mother & 3 lac DD in favour of wife). I have prepared FD with daughter name by chq given from my a/c of the same bank for 2 & half year i.e upto her age of 19 but all bank paper were signed by mother as guardian according to mediation instructions. After preparing FD my wife refusing to join first motion. So how can i got my money back of FD ? Please suggest .
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1. Well, even after signing the MCD any of the parties can refuse to go for final motion and complete the deal.

2. The money paid in the meantime can not be brought back though if the wife files a case for maintenance then the money paid to her in compliance of the failed MCD can be taken into consideration by court.

3. Since MCD fails you will have to now file a contested suit for divorce after withdrawing the MCD.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You'll have to will send a legal notice to your wife to appear for first motion, also stating that if she is not interested in taking mutual divorce l, then she is liable to refund the FD.

If she fails to adhere within 15 Days from the date of receipt of the legal notice, you can proceed to file a civil case against her to recovery to the said FD.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Issue wife legal notice to attend court for first motion or refund money

2) if she refuses file Police complaint of cheating against wife under section 420 of IPC

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

I’d she with draws her consent at time of second motion file appeal against order dismissing your petition for divorce

2) enclose copy of consent terms agreed between parties wherein you have paid her Rs 6 lakhs

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

See issue a notice to wife to either to present herself before the court for divorce or refund the FD amount, in case do not take any steps file a criminal complaint of cheating and breach of trust as your wife entered into agreement and taken gains from you and now she is denying.

Further you can file a contested divorce and recovery suit for amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear sir,

yes you can back if you file an application before the Court it will pass interim orders.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Firstly, whatever have been styled during the first motion will stand subsist till the end of the second motion.

Secondly, if she moves out from the second motion then it would be that she never wanted to go for the divorce, so no question of giving anything to her.

Thirdly, yes, you would get your money back for sure as she has turned to the second side of her intention not you.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) You inform to court that she is refusing to first motion. You can show bank transcations as evidence and can ask for your money back.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If she is not ready for the mutual divorce and withdraws her consent to statement for her divorce proceedings then you may demand your money back, issue a notice to her and claim your money back with the interest and if she is not returning your money within notice period than file a civil suit for recovery against her before the civil court under Order XXXVII of CPC-1908.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

If she is going for the contested divorce and not agree to mutual consent divorce then you can pray to the court to get the amount back given on the first motion. your wife after the court order will have to deposit the amount so received in the court to be release in your favour

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This being opened on minor child's name with her mother as nominee you cannot change or cancel the FD at this stage.

You may file a contested divorce case if she is not cooperating for MCD on the grounds of mental cruelty..

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

It depends but cannot interfere in this nor it can put pressure on her legally for return.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

IF she fails to comply with agreement, request court for return of money.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can apply in the court for the same and get the orders for the same.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

IF FD is with you then you can get the same cancelled and get the money back in to your account. Please tell and show the bank that the FD was prepared because of the settlement between you and your wife and the same has failed now. Rest bank persons may be able to explain you better.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

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