Case Facts Marriage & Separation: Married on 2 January 2025 (Registered under the Hindu Marriage Act, Maharashtra); separated on 11 January 2025 (lived together for only 9 days). Current Status: Mutual Consent Divorce is filed (First Motion done). The 18 months waiting period ends in August 2026. No Disputes: The marriage was never consummated. There are no children and no property issues. Settlement: Both sides have agreed on a final settlement amount. The Situation: The court counselor is verbally telling me to pay the settlement money early because my wife wants it. They gave me two options:- Pay with a Demand Draft (DD) made out in the Court's name 2 months before the final August hearing. Pay with a DD made out in the Wife's name 1 day before the final hearing. I am scared that if I give the money early, she will take it and refuse to sign the final divorce papers. To protect myself, I want to hand over the money only on the final day in front of the Judge. Questions for all Expert Lawyers: 1. If I make the DD in the Court's name, how many days before the final hearing must I give it? How much can I delay it? Is it safer than the wife's name so she doesn't run away with it during lunch break without signing? 2. The counselor wants me to hand over the DD and her belongings by June 13, even though our actual court hearing is in August. Can a counselor legally force me to pay 2 months early based only on a verbal order? Can I insist on giving the DD and her belongings only during the final hearing? 3. The counsellor said that I can't give Demand Draft one day before the final hearing (court date); is this true? How many days before should I issue the demand draft in court's name? Thanks!
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Give DD on date if hearing before family counsellor wjen wife is present in court
2) no need to give 2 months in advance counsellor cannot force you to give in advance
3) no harm in handing her belongings in June
4) you can give it in court name as it will taje wife time to withdraw it from court
1. You cannot purchase the DD in favor of court, you may have to do it in her favor only, you can purchase it in advance, give her a photocopy first before the final hearing and inform her that the original DD shall be handed over to her at the time of judgment only.
2. The counselor cannot force you the terms, if at all the counselor is still adamant about it, you can inform the court about this arrogance and let the court decide further course of action.
3. You can refuse to accept the terms of the counselor.
