• Is it safe to give post-dated cheque for mutual divorce

me and my wife agreed for mutual divorse for 8 lakhs,  is it safe giving the post dated cheque at the time of filing the mutual divorse ?

please advice me.

and other thing is her lawyer insisting me for post dated cheque, and he is saying that the court will not take into consideration of file with put the cheque, is it mandatory ?
Asked 2 years ago in Family Law from hyderabad, Andhra Pradesh
Religion: Hindu
1) in the consent terms mention amount of Rs 8 lakhs would be paid at time of second motion of mutual consent divorce . 
2)dont give any post dated cheque . what if your wife does not turn up at the time of second motion 

3) in such a case your petition would be dismissed and she may encash the cheque too .
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Dear Querist
There is no problem to give post date cheques against the mutual consent divorce but it should be mentioned in MOU if any or mentioned in the statement of the opposite party before the court.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Instead of giving a post dated cheque you may give her the agreed amount in cash when she turns up for the second hearing in the court. 

2. Giving a post dated cheque is fraught with the risk of you losing your money and the mutual divorce not materialising.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Well court never bothers about the monetary transaction. So giving a cheque is never a mandatory practice.
2. If you have agreed on the quantum of money then you can think of giving a PDC once the final hearing of divorce is done.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
you should pay the balace amount cheque or DD at the time of recording for second motion
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Mention in clear terms about payment of agreed amount, by any mode, at the time second motion only. Avoid giving PDC now.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. If your wife insists for PDC, mention about the bsaid mode of payment in the petition,

2. Also mention in the plaint that if she fails to turn up on the day of 2nd motion or refuses to give MCD, then she will not submit the said PDC & in such event you shall be at liberty to stop payment,

3. With the above shield, you can issue PDC.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi,
Do not worry about this this is a general practice  where payments are done in mutual consent divorce an the affidavits are signed and filed by both, so either of you go back from your consent the payment  which are paid  is applicable to both parties.. hope that your advocate has prepared a "consent terms" which has details of your payments, if you have kids there custody and both of your future  maintenance right etc. .   This is the normal way the mutual consent  compromise is dealt and payments are made. In case she does not turn up for the final order, whatever the money which she has taken is on record you can fight your independent divorce on this ground. If any cheque given as post dated . If the divorce does not take place stop the cheque  by putting  a "stop payment" instruction on bank   and send an intimation to her and her advocate.  If you have mentioned the cheque details in the consent Terms or in the petition you shall not be liable under 138 NI act. The money already gone to her will be treated and you can bring it as you have paid towards her alimony or maintenance.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. I repeat the curt never ask for any proof in mutual divorce. So you can understand why her lawyer is insisting for this.
2. However at the same point of time there is no harm in giving a PDC  especially when you have to pay your wife anyway once the divorce is done.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Court never ask for bond or proof of security for paying agreed compensation,

2. The Court also will not keep your PDC in the file,

3. Best course of action, as suggested earlier, is to give the PDC duly mentioning about it in the MCD petition keeping a provision for stopping the payment, in case uour wife fails to appear before the Court on the date of 2nd motion.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) instead of post dated cheque you can mention in consent terms that sum of Rs 8 lalks  would be paid by demand draft at time of second motion . 

2) it is not the practice to keep post dated cheque in court  records . 

3) you must have engaged your own lawyer in MCD case ,in case wife lawyer is inisisting that you give post dated cheque the details of cheque must be mentioned in consent terms . issue stop payment instructions if wife does not come to court at time of second motion
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0

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