• Divorce - mutual consent - confusion against alimony

Both side of the family are agreed for mutual consent with a settletment of Rs.4 Lacs. But now, my father in law is in need of funds badly and asking to pay an adv of Rs.1 lac by cash and agreed to state it either in the agreement i.e paid Rs.1 lak as advance & bal Rs.3 Lacs by way of FDR".
or stating the records as Rs.3lac and Rs.1 Lac off the record with any writenly matter on stamp paper.

So is it possible to go accordingly i.e either pay the cash in advance and state it in the agreement or pay of the record and obtain any letter

Asked 4 years ago in Family Law from Vijayawada, Andhra Pradesh
Religion: Hindu
In plain reply "NO". Why can't your father-in-law borrow money from his own son. His intention does not seem to be good. And why you're bothered about him at this stage? Tell him to arrange money from somewhere else.
Rajni Sinha
Advocate, Mumbai
327 Answers
34 Consultations

4.8 on 5.0

mutual consent divorce will be complete only by paying the balance amount and recording of statement
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

1. What will happen if your wife absents herself on the day of the 2nd motion?

2. There are several such incidences when the wife refused to give MCD after taking money,

3. It is always proper & prudent to pay the entire agreed amount at the time of appearing during the 2nd motion.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

it is adviced  you to pay money at the time of filing 2nd motion. because wife may absent at 2nd motion
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

If there is any agreement then no need to worry.  Give him the amount and take a receipt of the same and mentioned iin the agreement regarding the cash payment remaining amount will be paid at the time of hearing/ statement as per agreement. 
If she withdraw her coneent and not ready ffor divorce then you can demand your money back. 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4791 Answers
219 Consultations

4.9 on 5.0

1. It is quite normal and you should not worry much.
2. Do state in the MCD that one lakh cash is already paid and rest amount will be paid at the time of hearing.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

5.0 on 5.0

1) if you are willing to pay Rs 1 lakh in advance pay said amount by cheque only . it should form part of the consent terms .cheque should be in favour of your wife and not father in law  

2) the consent terms should further mention that in case wife does not attend court at the time of second motion the Rs 1 lakh paid  shall be refunded by her . further  the balance amount of Rs 3 lakhs shall be paid at the time of second motion only
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

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