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.
Dear Client,
The final divorce decree is granted only on the Second Motion, when both parties appear before the Judge and reaffirm their consent. The court counselor has no legal authority to force you to pay 2 months early on a verbal instruction; settlement terms should be recorded in writing (consent terms/MOU) and payment should be made in court on the Second Motion date, ideally in the Judge's presence. For maximum safety, insist on handing over the Demand Draft only on the final hearing day in August, and do not release it earlier unless a court order explicitly directs otherwise.
You should make the DD in the Court's name (not in the wife's name) if you must deposit it before the final hearing, and deposit it only a few days before or on the final hearing date; many courts accept it on the day, but some require 3–7 days advance deposit to verify and process. A DD in the Court's name is safer because it remains under court custody and cannot be encashed by the wife without court direction, whereas a DD in her name can be encashed immediately. However, the best practice is to refuse early payment and provide the DD on the final day in court, along with exchange of belongings, and ensure the consent terms explicitly state that the divorce decree is conditional on payment and witness of both parties.
I hope this helps and if you have any further issues do not hesitate to contact us.
Whatever you agree if matter is in court deposit the same in court only. It’s better
Based on the facts stated by you, your concern is entirely legitimate. In mutual consent divorce matters, the safest practice is generally to link the payment of the settlement amount with the recording of the second motion and passing of the final decree, unless the settlement specifically requires payment at an earlier stage.
As regards your first question, there is no universal rule that a Demand Draft must be deposited a fixed number of days before the final hearing. Different Family Courts follow different administrative practices. However, if a DD is prepared in the name of your wife, it is common for the husband to hand it over in court on the date of second motion itself after both parties affirm their consent. If a DD is prepared in favour of the court, it is generally deposited pursuant to a specific court direction. Merely because the counselor suggests an earlier deposit does not automatically create a legal obligation to do so.
Regarding your second question, a counselor ordinarily facilitates settlement and reconciliation. A counselor's verbal suggestion does not carry the same binding force as a judicial order passed by the Family Court. Unless there is a written order of the court directing you to deposit the settlement amount by a particular date, you may respectfully state that you are willing and ready to honour the settlement but would prefer the exchange of money and articles to take place contemporaneously with the second motion and final disposal of the case. This is a common concern in mutual consent divorces because either party can withdraw consent before the decree is granted.
Your apprehension is particularly relevant because, until the second motion is recorded and the decree is passed, either spouse generally retains the right to withdraw consent. Therefore, if the entire settlement amount is handed over months in advance and the other side subsequently refuses to proceed, recovery may become a separate legal dispute.
As regards the third question, there is generally no legal prohibition on obtaining a Demand Draft one day before the hearing. In fact, many parties obtain the DD a few days before the hearing to ensure validity and ease of presentation before the court. The important aspect is compliance with any specific direction of the Family Court. If the court itself has not fixed a deadline, you may request that the DD be handed over on the date of second motion after statements are recorded.
From a practical standpoint, many settlements are structured as follows: the husband brings the DD on the second motion date, both parties make their statements affirming consent, and immediately thereafter the DD is handed over in court and acknowledged on record. This minimizes the risk to both sides.
Therefore, before making any payment, carefully review the terms of the settlement agreement/MOU. If the MOU does not require advance payment and there is no written court order directing deposit before August 2026, you can reasonably insist that the settlement amount and return of belongings be exchanged at the time of the second motion proceedings and final decree. It would also be advisable to have your advocate place this concern on record before the court rather than relying solely on verbal discussions with the counselor.
