• 498A FIR quashed, divorce is finalised, but some amount of alimony is still due

Hello
My wife and I have been divorced (mutual divorce ) in april and 498A has also been quashed by hon high court but I have one question the agreed amount which was decided was 16 lacs and I have only given 11 lacs through DD since my wife left my home with every peace of gold from my house and also the which they denied later. Can I also deny the rest 5 lacs ? If I don't pay them the rest amount will I be in trouble? I have been looted by my in laws and I'm penniless right now I have debt and loans pending I really need money please suggest If I don't pay the rest 5 lacs money will be sent to jail ? I'm a government servent and I also have a daughter of whom I am taking care now I really need money. If I lie that I gave them the money in cash will it be acceptable? Please help
Asked 4 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

The settlement agreement cannot be enforced unless it is executed by a registered document.

If you have given proper reason to stop paying the balance amount, that will be sufficient 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You are legally bound to pay the full settlement amount of ₹16 lakhs that was agreed upon during the mutual consent divorce. Since you have already paid ₹11 lakhs, the remaining ₹5 lakhs is still due unless the divorce decree or the High Court order clearly records some adjustment. Courts generally treat such settlements as final and enforceable.

 

If you do not pay, your ex-wife has the right to file an execution petition before the family court to recover the balance. She may also move a contempt petition if the settlement was recorded in the High Court while quashing 498A. You will not be sent to jail immediately for non-payment, but the court can attach your salary, bank accounts, or property, especially since you are a government servant.

 

You mentioned that your ex-wife took all the gold and valuables from your home. If you have proof, you may file a separate recovery case, or at least raise this argument when defending against execution proceedings. However, because the divorce has already been granted on mutual terms, the court may not allow reopening of issues unless you can produce clear evidence.

 

It is very risky to lie and claim that you already paid ₹5 lakhs in cash. If the matter comes before the court, such a statement can amount to perjury, which is a punishable offence. Being a government servant, this could also affect your service record and career.

 

Your practical options now are to try negotiating with your ex-wife to accept the ₹11 lakhs already paid as full settlement, or if she refuses, seek time from the court to pay the balance in installments. Courts often consider the financial condition of the paying party, especially when there are debts and dependents involved. If needed, you can also initiate recovery proceedings regarding the jewelry she took, provided you have supporting evidence.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

You are bound  to pay balance amount of 5 lakhs 

 

she will file case of cheating against you 

 

take out contempt of court proceedings against you 

 

if you pay in cash obtain acknowledgment of receipt from wife on presence of 2 witnesses 

 

giving cash is an offence under IT Act and you can be penalised 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

1) Mutual Divorce is filed with both of your mutual conditions and settled amount which you have to pay but if you do not pay then it can be a problem with your Mutual Divorce final decision on second motion.. 

So, you have to pay but if you are in trouble then you can request the court if they can allow more time to pay pending amount. 

 

Better to pay this amount and move forward in your life. Money can make but peace of life is also important. 

Legally you can also fight behalf of your daughter with your ex-wife for interest of justice but with a strong mental and legal ground.

- Never pay anything cash to your ex-wife 

 

 

Still you need any suggestions then you may contact me. 

Dinesh Kumar
Advocate, New Delhi
65 Answers

If the same is done through a consent terms through court then you are bound to pay. She can exercise her right to recover the same it its a court’s order

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

You cannot legally avoid paying the remaining ₹5 lakhs and face serious consequences if you don't pay. Non-payment of agreed alimony can lead to contempt of court proceedings, imprisonment, and fines, which would be particularly devastating for your government career. The court can also attach your property or directly deduct from your government salary to recover the amount. Never lie about making cash payments - this constitutes perjury and can result in additional criminal charges, fines, and imprisonment beyond the original alimony obligation. The 498A quashing and mutual divorce are separate from your binding alimony agreement, so the ₹5 lakh obligation remains legally enforceable regardless of the 498A status. Your best options are to immediately approach the court to request payment modification due to financial hardship, seek legal counsel to negotiate a payment plan, or consider borrowing the money rather than facing imprisonment. Claims about gold/jewelry would need proper legal documentation and proof to be considered as offset against the alimony amount. As a government servant with a daughter to support, imprisonment would be catastrophic for both your career and family - prioritize finding legal ways to fulfill this obligation.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

I have carefully considered your query regarding the remaining ₹5 lakhs payable under the mutual divorce settlement. Since the decree of divorce and quashing of 498A were obtained on the basis of a settlement recorded before the Court, non-payment of the balance amount can create serious legal consequences. If you deny payment or make a false statement of having paid in cash, your ex-wife may move the Court for execution of the settlement terms, which can lead to proceedings for recovery, attachment of salary or property, and even contempt of court for breach of undertaking. Being a government servant, any such adverse order will not only harm your financial position but may also affect your service record.

While I understand your grievance that your wife took jewellery and valuables, unless the settlement specifically recorded adjustment for those items, the Court will only enforce what is written in the mutual consent terms. Therefore, your safest course is to either: (a) honour the balance ₹5 lakhs payment as agreed, or (b) if genuinely aggrieved, approach the Court through proper legal proceedings seeking modification/recall of the settlement on grounds of fraud or misrepresentation, though such applications succeed only rarely.

In short, withholding the balance amount or giving false information about payment will put you at serious legal and professional risk. The law will not accept a bare statement of cash payment without documentary proof. I strongly advise you to explore a practical solution—either negotiate with your ex-wife for a waiver or instalment arrangement, or comply with the Court’s order to protect yourself from further litigation and potential contempt proceedings.

Aman Verma
Advocate, Delhi
501 Answers

- If there is an agreement between you can your wife executed at the time of mutual divorce or if you have given statement before the Court that you will pay the 16 lakh then she can claim the said balance amount after filing a case. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

You should not deny the remaining ₹5 lakhs or try to falsely claim you paid it in cash. The settlement amount of ₹16 lakhs forms a binding legal obligation as per your mutual divorce agreement and the court's order, which also facilitated the quashing of 498A. If you do not pay the remaining ₹5 lakhs, your ex-wife can file a recovery petition in court. The court can order attachment of your salary (which, being a government employee, is easily enforced), or attachment and sale of your property. In rare cases, persistent refusal could lead to contempt proceedings and, in extreme cases, even imprisonment, though this usually happens as a last resort.

Falsely claiming payment is dangerous. Lying to the court about making a cash payment, when you did not, amounts to perjury and is a criminal offence, which could seriously harm your reputation, result in prosecution, and jeopardize your government service.

If your settlement or court decree didn’t clearly record a set-off for the value of gold/jewellery, the court will not allow you to unilaterally reduce the balance payable. Such disputes should have been addressed and settled in the agreement or during divorce proceedings, not after.

Financial hardship, while understandable, does not excuse you from fulfilling the court-ordered payment unless your ex-wife agrees to a reduced amount or waiver in writing, properly filed before the court. If she insists on full payment, you are required to pay, or else face enforcement actions like salary or property attachment.

In sum, you are liable to pay the remaining ₹5 lakhs unless your ex-wife formally agrees in court to a waiver or reduction. Do not make false claims or try to evade the order—negotiate in good faith if possible, and seek legal advice to protect your interests within the law.

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

Having once agreed at 16lacs, I am afraid that it is now open to you to come down to 11 lacs.

It is strange as to how the second motion was granted and mutual divorce was granted, if the payment of 5 lacs was still pending. Heaving said that, if the divorce has already been granted as you are saying, you may make some excuse before your wife and try deferring the payment of the remaining 5 lacs. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Ask a Lawyer

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