• Wife wants settlement money before closing the case

Hi,

We agreed for a settlement amount of 30L as full and final settlement with the condition of closing 498a case my wife has filed on my family and also give divorce. My lawyer says they are now demanding to pay the amount upfront and then she would agree to become hostile in 498a and give divorce. Also we want to give DD with an account number mentioned so that it can be paid directly to her account but they are not ready to give account number to be mentioned on the DD and want us to give DD on just her name. From me all these looks like they are planning to cheat by taking money. Is there any way we can deposit the DD in the court and request to only give to my wife after all the cases are closed? Please advise how to proceed.
Asked 11 days ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

  1. Court will not be guarantor for payment of settlement money to any party. Open a joint escrow account in bank where you will deposit the agreed sum with the condition that it will be paid to her only after all cases are closed. It will take 3 to four months to close all cases.
  2. Approach High Court of Karnataka by filing a joint writ petition seeking direction to trial Court to close criminal cases as withdrawn due settlement between parties as Section 498A is not compoundable but it can be withdrawn by the direction of High Court.
  3. Decide the divorce as agreed.
  4. Approach bank with proof of withdrawal, bank will payment her settled amount.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

Sir,

File mutual consent divorce (MCD)petition jointly submitting all the points in the petition. MCD petition have two motion.   Include all the points in the petition such as withdrawing all the cases and payment of Rs.30 lakhs in 2 installments; firstly at the time of first motion payment of Rs.15 lakh should be given in the court and second installment Rs.15 L on withdrawing all the pending cases before the court.  In my opinion, no payment should be given in 498A.  However, in case court is ready to give divorce on payment of 30L, that should also be mentioned in the proceedings of the court.  Settlement outside the court is not recommended please.

Dalip Singh
Advocate, New Delhi
1033 Answers
36 Consultations

5.0 on 5.0

Under no circumstances should you make upfront payment 

 

you should pay 20 per ce t at time of filing of divorce petition and balance 80 per cent after quashing of 498 A case has been done by HC and at time of second motion of divorce 

 

in alternative deposit full amount in court 

Ajay Sethi
Advocate, Mumbai
87595 Answers
6134 Consultations

5.0 on 5.0

It is better you file petition in HC for quashing FIR based on settlement arrived at between parties 

 

2) wufe can file consent affidavit in HC 

 

 

Ajay Sethi
Advocate, Mumbai
87595 Answers
6134 Consultations

5.0 on 5.0

It would not be proper to handover the DD even if it is taken on her account number before the pending cases are disposed.

If the DD has been purchased on her name, then there is no necessity to mention her account number in the DD because nobody can encash the DD other than her.

Until and unless the court is acquitting you in the 498A, it is not advisable to handover the DD to her neither it can be deposited before the court, the trial court will not entertain this practice.

The pressure  is on them to get the DD/ settlement amount, hence you can always dictate your terms as suggested above.

If you act on their pressure, there are chances that you are likely to suffer more losses.

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Your lawyer shows urgency to get the case disposed in a manner not known to court. 

Even if she is turning hostile, the court has to dispense with other witnesses, for which the public prosecutor has to cooperate . Besides, the witness evidence of the investigating officer cannot be dispensed by the court. The IO has to step into the witness box and depose evidence. 

After that if the court agrees to the compromise agreement entered between you and your spouse, the court may post the matter to some other day stating 'reserved for orders' . 

Therefore it is not one day task as had been incorrectly informed by your advocate.

Besides, the divorce case also cannot be disposed on the same day because the evidences of both shall be recorded by court after which it will pass over the matter to some other day with remarks as 'reserved for orders'. 

Therefore it not advisable to be under any pressure or get misguided on the basis of such false assurances.

You may use your own prudence by analysing the factors involved in this issue and take a considered decision. . 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Dear Client,

your wife after taking money may turn hostile and may not wish to close the 498a case and give your divorce. so let the case be closed and then pay her the money. 

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

- If the matter is already settled , then you can enter into an agreement i.e. MOU with her before paying any amount to her . 

- You can mention in the agreement that the payment will be in three installments , firstly on the date of filing of the petition on mutual ground , secondly on the date of final divorce decree and balance will be paid at the time of quashing the FIR 

-  You should file a petition before the High Court for quashing the FIR  after submitting the MOU

- Further , even if she will hostile in the case then you all be acquitted , which is not better than cancelling the FIR. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

It works as she lies on oath ot says she doesn't know anything. There is no evidence then court rules in favour of accused

 

Prashant Nayak
Advocate, Mumbai
26998 Answers
83 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer