• Giving postdated cheque in advance

we settled the matter for 8 lakhs and ready to take mutual divorse, but
Here her lawyer is insisting me to give a post dated cheque and it will be with court only till the final hearing is done, is it correct? will this happen with court?
or he is trying to fool me ?

 and he is saying that we have to give a proof or security to the above agreed amount, other wise the judge will not consider it is this happens in court ?

please advice i have to answer the advocate on this...

please help me.
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1. Yes, it indeed is a method of settlement. You can draft acknowledgement receipt for that payment and take signature of other party and keep it with you. Every process has to be done in court in front of the judge.
2. You don't have to give any kind of proof of security.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
it is better if you pay it at the time of 2nd motion in front of judge
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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Do not give post dated cheque. File a mutual divorce petition, in the Petition you make the statement that you agree to pay certain amount. and after the mediation, in front of the judge, at the time of dissolution of the marriage pay the amount in cash or through D.D.

There is no rule to pay amount in advance to approach the court for mutual divorce.
Sandeep Hegde
Advocate, Bangalore
368 Answers
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repeated query already replied
Ajay Sethi
Advocate, Mumbai
26108 Answers
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if  your wife  files cases on you and your family members contest it on merits . they can file 498A fo dowry harassment , DV case , case for maintenance under section 125 Cr Pc etc
Ajay Sethi
Advocate, Mumbai
26108 Answers
1419 Consultations
5.0 on 5.0
Do not be afraid of the other side. Let them file any no. of false suits, face them and fight them on merit. Do you have any proof of Rs.1 lakh dowry. If they are asking for increased amount, inform them that giving dowry also is equally criminal activity.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
your wife has to prove her allegations in court . if wife states you attempted to murder her did she lodge any police complaint immediatedly . 
whether she is relying on medical certificate to prove nature of injuries .
Ajay Sethi
Advocate, Mumbai
26108 Answers
1419 Consultations
5.0 on 5.0

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