Dv case ongoing settlement terms 1) 5 lakhs fd in childs name when be given when she files DV case withdrawal and file petition 2) 5 lakh dd once the dv case has been withdrawn 3) In the joint agreement we have kept the below clause for the compromise agreement and mubarath agreement Once the divorce decree has been provided by the family court. The respondent shall relinquish all their claims in respect of the gold ornaments kept in the joint bank locker and shall allow the petitioner to collect all gold ornaments from the bank locker. The parties shall sign all necessary documents required by the Bank for the closure of the joint locker and account. The amount of the locker deposit will be handed over to respondent after deducting locker charges if any due but I have a feeling once the dv case has been withdrawn then the joint locker freeze which was put by the court will be removed. And as my wife is having the key can her lawyer get a court order for her to operate the joint locker and take the gold without our knowledge so she can bargain some more money before the divorce case final decree. What precautions can be taken 5) whose layer has to file the documents to remove the DV case husband or wife 6) how to get the details of what they have filed will it be in the court portal or we need to ask for a copy 7)whose lawyer needs to file the mutual consent divorce mubarath can husband layer file on behalf of wife or her lawyer. She is going to file a petition first and then we will be filing that we are ready do we need to file an application to get the final copy of dv withdrawal and divorce decree 8)only nationalized banks can freeze the FD till 18 years for child or private bank like hdfc can do it
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Terms of consent terms are binding upon parties
2) court would grant you hearing before passing orders on wife application to with draw gold from joint locker
3) wife has to file application for withdrawal based on consent terms .or joint application can be made
4) copy will be furnished to you
5) private banks can also freeze the FD
The withdrawal application has to be filed by wife and mutual consent terms can be filed by any party
The FD in the child's name (₹5 lakhs) can be released as per mutual agreement terms, typically after withdrawal and final divorce decree.
The ₹5 lakh demand draft (DD) upon DV case withdrawal can be given as per settlement agreement.
To prevent misuse of joint locker key after DV withdrawal, request the court to continue locker freeze or appoint a neutral custodian till settlement completion.
Either party's lawyer can file DV withdrawal petition; usually the complainant's lawyer files it.
Document filing for DV case withdrawal is by the party seeking withdrawal (wife usually).
Court copies of documents can be obtained via court portal or by formal request through lawyer.
Mutual consent divorce petition filing can be done by either party's lawyer; husband's lawyer can file on behalf of wife if authorized.
FD accounts can be frozen by any bank (nationalized or private) if directed by court for minor beneficiaries till majority age.
Take legal advice to ensure proper terms and court orders are obtained for locker freeze and safe handling of funds during settlement and divorce decree processes.
If you apprehend that she may file an application before court to open the joint locker and take off all the gold jewels then you may raise objection to her application before court, the court will not decide the application without hearing you.
As far as withdrawal of the DV case, she only has to file the petition through her lawyer for withdrawing the same.
You will be getting a copy of whatever application she may file before court.
The court cannot grant Mubarat divorce, which is a mutual consent between both the parties and the procedures for that will be as per Muslim personal law, hence you cannot approach court with an application for Mubarat , neither she.
However, the court's role is not to grant a mutual divorce under Muslim law but to declare the couple's matrimonial status after they have already reached a mutual agreement to dissolve the marriage b y mubarath
The FD will remain in force till the time it has been fixed, however if the guardian would like to withdraw the same in between, the bank cannot stop the guardian from closing the FD account pertaining to minor child.
I understand your concern — it’s natural to be cautious, especially when settlements and joint assets are involved. Let’s go point by point so that things are absolutely clear and legally safe for you.
Regarding the fixed deposit in the child’s name, it’s a good idea to link that payment specifically to her filing of the DV withdrawal petition. However, make sure that in the settlement agreement, it’s clearly mentioned that the FD will be created and proof submitted only upon filing of the withdrawal petition, not merely a verbal assurance.
The ₹5 lakh demand draft should ideally be handed over after the court records the withdrawal order, not just upon filing. You can keep it ready but give it only after the withdrawal has been accepted by the court. That keeps things balanced and fair.
You are right to be cautious about the joint locker. Once the DV case is withdrawn, the court’s freeze order on the locker may automatically lapse. Since your wife has the key, she could technically approach the bank or the court again, claiming access. To avoid any such situation, you can do the following:
Mention in the settlement terms that the locker shall remain frozen and will only be jointly operated after the final decree of divorce and in presence of both parties or their authorized representatives.
You can also submit a written intimation to the bank enclosing the settlement terms, requesting that the locker not be operated until both parties jointly authorize it in writing.
Additionally, make sure the bank’s records reflect “joint operation – both signatures required.”
Regarding who files for withdrawal of the DV case, it has to be filed by your wife’s lawyer since she is the complainant. However, your lawyer should closely monitor the case status to ensure it is actually withdrawn and not just adjourned.
To check what has been filed, you can ask your lawyer to get a certified copy from the court registry. Some courts also upload order sheets or case status updates on the district court portal, but the actual withdrawal petition copy is usually obtained from the court file directly.
As for the mutual consent divorce or mubarat, either party can initiate it. If she is filing first, your lawyer can file the consent affidavit or petition of “no objection” from your side once it’s listed. There’s no bar on your lawyer preparing and filing documents for both parties, but ethically it’s better if her lawyer files on her behalf and your lawyer files your reply or consent.
Once both the DV case and mutual consent divorce are finalized, you or your lawyer should definitely file an application to get certified copies of both the DV withdrawal order and the divorce decree for record and proof of settlement compliance. These will protect you from any future claims.
Lastly, about the FD in the child’s name, both nationalized and private banks like HDFC can create fixed deposits that are locked till the child turns 18. You just need to ensure it is marked as “minor’s account” and that the withdrawal requires the guardian’s authorization as per the FD’s terms.
In summary, your instinct is correct — every step in such settlements needs to be properly documented and timed. Keep all payments and asset releases strictly linked to actual court actions, not promises. That’s the best way to protect yourself while ensuring a smooth closure for both sides.
Your proposed settlement structure appears sound, but your concern regarding the joint locker and timing of payments is valid and should be addressed carefully to avoid future complications.
Once the Domestic Violence (DV) case is withdrawn, any interim court order freezing the joint locker will automatically lapse. This means that your wife could potentially attempt to operate the locker using her key if there is no ongoing restraint. To prevent this, it is advisable to take additional precautions before or at the time of filing the settlement in court. Both parties should agree in writing, as part of the compromise terms, that neither will operate or access the joint locker until the divorce decree is passed. The clause should clearly state that the locker will remain sealed and can only be operated jointly after the divorce is finalized, with the petitioner being entitled to collect the gold ornaments. This undertaking should be recorded in the joint compromise application and signed by both parties and their advocates. You can also submit a written intimation to the bank, enclosing a copy of the court-approved settlement clause, requesting that no individual access be permitted until joint written consent is provided. This step will prevent the bank from allowing unilateral operation.
The withdrawal of the DV case must be initiated by your wife since she is the complainant. Her lawyer will file a withdrawal petition before the magistrate stating that the matter has been settled amicably. The court will pass an order disposing of the case. Once this happens, you should obtain a certified copy of the withdrawal order before releasing the second instalment of payment. This ensures that your payment is made only after the case has been formally closed.
You can track the case progress through the eCourts portal, but the most reliable way is to have your lawyer inspect the case file physically or request a certified copy of the withdrawal petition and order from the court’s record section.
For the mutual consent divorce (Mubarath), the petition must be filed jointly by both parties. If your wife’s side files it first, it should still carry both your names and signatures, with both parties’ lawyers present at filing. Your lawyer cannot file the petition on her behalf without her written authorization. Once the cooling-off period ends, or if waived, the second motion is filed jointly again, and your lawyer can apply for a certified copy of the final divorce decree once it is granted. Similarly, apply for a certified copy of the DV withdrawal order so both documents are part of your legal record.
Regarding the fixed deposit (FD) for the child, both nationalized and private banks, including HDFC, can issue an FD that is locked until the child turns 18. The FD should clearly state that it cannot be prematurely withdrawn except with the consent of both parents or by court order. Keep a notarized copy of this FD and annex it to the settlement affidavit, ensuring it forms part of the official record.
To summarize, the safe and practical sequence is: first, both parties sign and file the compromise agreement; second, your wife files the DV withdrawal petition; third, you release the first payment upon confirmation of filing and the second payment only after obtaining the court’s withdrawal order; fourth, you both file the joint divorce petition; and lastly, the locker should remain sealed until the decree is passed. These steps will safeguard you against any misuse of the locker, ensure payments are made only after verified court actions, and protect you from later claims or coercion.
If you wish, I can prepare the exact draft language for the locker clause, the settlement terms, and the bank intimation letter to make this arrangement watertight.
We have put the below clause please let me know if I need to add anything Neither party will operate or access the joint locker until the divorce decree is passed. The locker shall remain frozen and will only be jointly operated after the final decree of divorce is passed and in presence of both parties. Once the divorce decree has been passed by the family court the 1st respondent shall relinquish all their claims in respect of the gold ornaments kept in the joint bank locker and the petitioner being entitled to collect the gold ornaments from the bank locker. the petitioner issues an acknowledgement letter regarding the receipt of gold ornaments The parties shall sign all necessary documents required by the Bank for the closure of the joint locker and account. The 1st respondent is entitled to receive the amount deposited as FD for opening joint locker and deducting locker charges if any due. If after doing this too if they are able to get court order for opening locker can any action be taken or any complaint raised? do the mutual agreement copy should be attached with the Divorce petition mubarat or we need to write all the things of mutual agreement in the petition for divorce again. Can we jointly file or either husband or wife can only file mubarath divorce In Mubarath divorce on the day of filing petition will the statements of both the parties recorded after that will there be a second session for getting consent again?
Terms of consent terms are binding .court would not pass orders contrary to consent terms
2) agreement should be enclosed to divorce petition
3) in first session parties would be referred to counselling
4) court would verify if both parties want divorce or not
5) whether petition has been filed with consent of parties
Whether you impose such condition or not, if there is a court order in this regard permitting her to open the jointly held bank locker account without your consent, then you cannot do anything about it except to obtain a stay order in an appeal against the said orders.
it would be better that you include the conditions in the mutual consent divorce itself, however since this dissolution of marriage will not be done by a court order, except that the court will declare the dissolution of marriage as per Mubharat as valid, any such conditions will not be entertained by court in the declaration suit, hence you may better draft the conditional MOU as per the mutually agreed terms and then get it registered in order to enforce the same through court of law in case of breach of violation of such conditions.
The divorce as per Mubharat shall be as per Muslim personal law and court cannot interfere in it.
It’s fine. But it will be better you get the entire draft vetted from an advocate for more clarity
You have already taken the right step by drafting a settlement clause, but the issues you have raised involve future risk, misuse of the joint locker, and procedural loopholes that can be exploited during the DV withdrawal or Mubarath divorce process. To avoid these risks, it is essential that the settlement and all related documents are drafted in a professional, compartmentalised, and watertight manner.
A properly drafted settlement will clearly regulate:
Without professional drafting, there is a real risk that vague wording or missing clauses may allow the other party to later obtain an order, change terms, or misuse the locker.
Your concerns—including the worry that your wife may use the locker once the DV freeze order is removed—can only be fully addressed by creating a settlement that contains:
Given the complexity and the stakes, I strongly advise you to take professional legal services for drafting the final settlement, bank intimation, and divorce petition. This ensures that all risks are covered and the agreement is enforceable without loopholes.
If you want me to draft the complete, watertight settlement structure and all supporting documents, I can prepare them for you.If you wish to contact us, you may do so on https://qrco.de/syslaw
Dear Client, If your settlement clearly states that neither party will operate the joint locker until the divorce decree and that the locker will only be opened jointly after the decree, then any attempt by the other side to get a court order to open it earlier can be challenged as a breach of settlement, and you may approach the same court to stop it or even seek action for misuse of process. The safest method is to attach the mutual agreement to the Mubarat divorce petition and also repeat all terms inside the petition, so the court decree itself reflects the full settlement. A Mubarat divorce can be filed jointly, or by either spouse with the other’s consent, and usually both parties’ statements are recorded at filing followed by a second date for confirmation. This process ensures the locker remains protected and the settlement is fully enforceable. I hope this answer helps. For any more queries, do not hesitate to contact us.
- Wife can withdraw her filed case under the DV act
- You have right to get the copy of all the documents which the wife has filed in the Court.
- There is no provision to file the Joint petition under the Muslim law, and hence a declaration suit should be filed before the family Court by either of the parties.
- Yes, you should take a certified copy of the order passed in DV case
- All banks are under obligation to compliance the order & procedure of RBI
Your feeling is absolutely correct. Once the DV case is withdrawn, the court-ordered freeze/attachment on the locker will be lifted. Since it's a joint locker and your wife possesses the key, she could potentially access it.
Can her lawyer get a court order for her to operate the locker?
It is unlikely she would get a new court order for this, as the existing freeze is what gave the court control. Once withdrawn, the court's direct control ends. The real risk is not a new order, but her simply walking into the bank with the key and operating the locker, as she is a joint holder.
Precautions to Be Taken (CRITICAL):
You must take proactive steps before the DV case is withdrawn. Do not rely on the agreement alone for this point.
The Best Solution: Convert to a "Dual Control" or "Either or Survivor" Locker.
Dual Control: Propose to the bank to change the operating mode of the locker to "Dual Control." This means both holders must be present physically with their keys to open the locker. No single person can access it alone. This is the most secure option.
Either or Survivor: If converted to this mode, either holder can operate the locker independently. This is extremely risky for you and you must avoid this.
The Practical & Legal Solution: A Joint Application to the Bank.
Before the DV withdrawal, you and your wife should visit the bank together and submit a joint written application to the bank manager.
State in the application: "As per the mutual consent terms filed in the Family Court in Case No. XYZ, it is agreed that the locker shall remain operational only with the consent of both parties until the final divorce decree is passed. Until then, the bank is requested not to permit operations on this locker by any single holder and to insist on the presence of both."
Get a stamped acknowledgment of this application. This creates a record with the bank and makes them a stakeholder in your agreement.
The Legal Safeguard: Incorporate a Specific Clause in the Settlement Agreement.
The clause you have is good, but make it more forceful. Add a sentence:
"The parties expressly agree that notwithstanding the withdrawal of the DV case and the consequent lifting of any court-ordered freeze, the wife shall not operate the joint locker or remove any contents until the issuance of the final divorce decree. Any breach of this clause shall be considered a material breach of this settlement agreement."
This gives you a strong legal ground to take action if she violates it.
Summary for Locker: Your goal is to create multiple layers of protection: one with the bank (joint application/dual control) and one in the legal agreement, so that the act of withdrawing the DV case does not automatically give her a window to empty the locker.
Answers to Your Specific Questions
5) Whose lawyer has to file the documents to remove the DV case? Husband or wife?
Typically, the wife's lawyer (the Petitioner) files the application for withdrawal of the DV case. This is because she was the one who filed the case initially. Your lawyer will review the withdrawal application to ensure it is unconditional and final before you consent to it.
6) How to get the details of what they have filed? Will it be in the court portal or we need to ask for a copy?
You must ask for a copy from her lawyer/your lawyer. While many district court portals are becoming advanced, you cannot rely on them for real-time, accurate updates, especially for interim applications. The safest and standard legal practice is for your lawyer to receive a certified copy or a draft of any application she intends to file (like the withdrawal application) for your review and records.
7) Whose lawyer needs to file the mutual consent divorce? Can husband's lawyer file on behalf of wife or her lawyer?
The first petition (Motion) for mutual consent divorce can be filed by either party's lawyer. It is common for one lawyer to draft it and for both parties to sign it.
However, both parties must have independent legal counsel, or the court will satisfy itself that the wife has consented without any pressure. The husband's lawyer cannot represent the wife. The wife can have her own lawyer, or if she doesn't, the court may briefly speak to her in private to ensure her consent is free and voluntary.
Do we need to file an application to get the final copy of DV withdrawal and divorce decree?
Yes. Your lawyer will need to file an application for a certified copy of the DV withdrawal order from the DV court.
For the divorce, once the second motion is passed, the court will pronounce the decree. You must then apply for a Certified Copy of the Divorce Decree. This is the legal proof of your divorce.
8) Only nationalized banks can freeze the FD till 18 years for child or private bank like HDFC can do it?
No, this is not correct. Both nationalized (public sector) banks and private banks like HDFC, ICICI, etc., offer Minor Fixed Deposits.
The FD is opened in the child's name, with a parent (you or your wife) as the guardian.
The key feature you are looking for is that the FD should be irrevocable and non-prematureable until the child turns 18. Both types of banks have mechanisms to create such FDs. You must explicitly instruct the bank at the time of creating the FD that it is to be locked until the minor attains the age of majority, and get this in writing from the bank.
Recommended Action Plan
Immediately discuss the "joint bank application" and "dual control locker" strategy with your lawyer and then with your bank.
Strengthen the locker clause in your settlement agreement as suggested.
Ensure the sequence of events is clear and tied to each other in the agreement (e.g., DD is handed over only after you have a certified copy of the DV withdrawal order).
Confirm with HDFC (or any other bank) the process for creating a locked, minor FD.
By taking these precautions, you move from hoping the other party will honor the agreement to actively building a system that prevents a breach.
