Hello,

These type of cases abound nowadays wherein wives take money and then back off from a mutual divorce citing reasons such as insufficient money, pressure from the husband,etc. and then again contest the case in the family court. The money should NOT be given beforehand under any circumstances. If she is after the money and is trying to dupe you..She will demand money before the decree which she is doing. Here you are the losing party. Therefore tell them that a bank draft can be given on the day the court passes the decree and an agreement should be signed that in case of the wife backing off she will not receive the money.

These conditions have to be imposed so that your interests are safeguarded.

Regards

After making papers in front counselor and counselor will be taking responsibility of yours. You should deposit whole INR 20 lacs rupees in the court and after passing mutual consent divorce than same decree ia signed by court.

Let court give her all 20 lacs rupees after final decree.

1) Consent terms are enclosed to petition for divorce by mutual consent

2) in consent terms Amit t of alimony to be paid is mentioned and mode of payment

3) you should not deposit any money with mediator

4) 20 per cent can be paid to wife at time of filing of petition for divorce

5) balance 80 per cent paid to wife at time of second motion of divorce

6) in alternative it is deposited in court

7) wife would be permitted to withdraw 80 per cent after grant of divorce decree from court

1. Whatever the terms of agreement for mutual divorce including payment and mode of it it is absolutely essential to ut into writing.

2. It is true there is no need to make a separate MOU as long as you incorporate such terms in the MCD itself. So whatever the terms is mention those in the petition for mutual divorce. that is enough as the court can make the MCD petition as part of the decree.

3. So do as advised above. In a nutshell without a written agreement on the terms of settlement do not go ahead on this.

1. The settlement amount agreed upon and the manner in which it is to be paid should be reduced to writing in the MOU to be annexed along with divorce petition or in the Mutual Consent Divorce Petition itself. It is true that MOU is not necessary, but then this can be incorporated in the mutual divorce petition itself.

2. Do not pay any amount unless it is recorded in MOU or Mutual Divorce Petition itself, else she may do what most other wives do-pocket the money and then revoke the consent to prosecute the mutual divorce petition.

Tell the mediators to give you in writing whatever they are saying about how to do it, which they will never be able to provide you in this life, provide them your email address and ask them to email you.

Without proper MOU over stamp paper do not agree

Hi

Every thing you do now needs to be PENNED DOWN in writing by obtaining signatures of all concerned.

If they have good intentions, they will complete the same.

In case if the.

In case if they refuse, you report the same in writing to court. It will be part of records about your understanding with her.

Once it is part of record, you can relax.

Strict NO to settle the issue without putting the understanding on paper

Good Luck

1. Sir you should write down and make the settlement terms MOU as there are cases where wives back step for more money, so make an MOU of settlement present same before court along with the mutual divorce petition.

2. Further the mutual divorce petition should also contain all these payment details along with condition that after payment of the settlement amount wife shall not claim any maintenance in future and shall not file any case of whatsoever nature relating to the matrimonial life.

3. Further keep receipts of such payment and if giving in mediators account mediator should acknowledge the same

Dear Querist,

Yes you should insist on getting a MoU recorded in writing.

The other alternative is to incorporate the terms of MoU in your Divorce Petition and get it recorded in the orders of the the Court.

Also tell the other party that Court would not believe in the settlement if its not in writing.

Regards

It is very simple and so many ways are there to overcome the problem.

firstly you produce a bankers cheque before the court and file an compromise that if compromise is decreed finally, the cheque will be handed over to wife else the husband will entitle it.

Another way is to deposit the entire sum at bank and obtain a bank guarantee that in case the wife produce a decree of mutual consent divorce, the bank will give amount to wife.

So many other ways are there.

Do not pay any amount until an MoU is signed. If the other party is saying that they don't anything in written, it itself shows that they don't have an honest intention to honour the terms. Further an MoU is necessary and the court will ask you on what grounds have the settlement arrived. Having a written document will safeguard your interest.

Further don't pay anything in cash outside court. You need to have some proof that you paid an amount in cash. Its always better to hand over the cash in court. If they don't agree with the same, ask them to have it written in the agreement that cash has been paid.

I would advise do not give any amount to your wife without any documentation or in cash.

If she is not insisting on signing the MOU, it implies that's is not fully sure about the mutual consent divorce and can retract in court later.

You can deposit the entire amount in court which can be released in favour of your wife after the decree of divorce has been granted to you both.

Alternatively, you can give half amount during the first hearing of divorce petition and other half on the second hearing, when the mutual consent divorce decree is granted. All the payments should be made in court and it should be mentioned in the courts order.

Hope this helps.

Regards.

If you suspect their intention to deceive you then you may withhold the payment and talk to them about it as per your proposal.

MOU is not enforceable in law hence your insistence on it is a waste exercise because it will not fetch you the desired fruit,

You may stick to your proposal since you are going to shed away heavy amount hence you should not stand deceived at the end.

Hi

In case of Mutual consent, MOU is compulsory.

Please approach the District Legal Services authority for any help in this regard.

You are absolutely right in proposing the following

1) Settlement amount: Rs.20 Lakhs

2) At the time of MOU: Rs2 Laks and

3) Deposit of 8 Lakhs at the time of filing Mutual consent divorce in court and

4) Balance of 10 Lakhs on date of Mutual consent divorce decree.

Please note that MOU should be signed in front of two witnesses

If you have reservations in approaching District Legal Services Authority, your lawyer at Karimnagar should be able to help you in ensuring MOU is in place.