See it will be safe transaction you have to.deposit same.in court registery in name of.the court and receipt of same.will be given and court shall pass an order.
498a needs to be withdrawn along with divorce
I have a 498a and both the parties have agreed to withdraw the case by quashing in high court.During mediation we agreed that a amount would be given in the form of Demand Draft as per mediation agreement that it would be provided in high court.But the high court judge says that he needs the settlement copy from family court.Subsequently my opposite party are not ready to give divorce without getting the amount.We do not want to pay the huge amount DD upfront without getting it quashed.Now the judge says that we need to pay the DD in family court in favour of the judge and subsequently after all the cases are closed the DD would be given in her favor.Now the opposite party wants the DD to be given in back office before the hearing.How can I trust the judge that the transaction would be carried on safely without any issues to me.Is this how it done generally?Please suggest some safe ways of getting this done.
Asked 6 years ago in Criminal Law
Religion: Hindu
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9 Answers
Respected sir...
Just record your statement in the the court there you you will get the surity in your case post dated cheque will work more... And take high court order to record statements in lower court and then present the same order at High court...
Thank you
there is no problem in depositing DD in family court
2) on case being disposed of wife would get DD in her favour
3) you have to trust the judge
DD will submit to judge and same will record by court in it`s order. Or if deposit in back office that also on order of court.
And it will submit in court along with settlement that DD will release to her only after withdrawal off all cases.
1. IF you do not want to trust the Judiciary, THEN your problems cannot be solved. There is absolutely no risk and you would need to apply for claim of the amount from the court, AFTER conclusion /withdrawal of the main complaint.
Dear Sir,
You must go by the verdict of High Court Judge. The amount paid by you in the name of judge will be deposited in the Court accounts and not in the private account of the judge. So believe the same and continue the proceedings and get close the matter.
You can file the consent terms in family court on conditions that the amount deposited in family court can only be withdrawn after quashing in high court
If the DD is given in favor of court, then the judge or anyone cannot do anything about it, you have to have some faith over the system, if you want to close the cae amicably, you may have to abide by certain instructions imposed by court.
You may better discuss with your advocate and take a better decision as per the prevailing situation.
Dear
When you file The petition for Mutual Consent divorce then during statement of first motion both parties will give joint statement and in that statement it is written that petitioner one is giving DD of XYZ amount and petitioner two is accepting that DD as settlement amount. This is the proper way to give the settlement amount during compromise.
And this statement can be attached during proceeding for quashing in High court.
