Mcd
Deepak
(Querist) 06 November 2017
This query is : Resolved
My wife hv filed divorce petition in Mumbai u/s 13 (1)(ia). She also filed application for interim maintenance u/s 24 & 26 for her & child. After 1.5 years we both have decided to go for MCD. In mediation I agreed to pay RS 6 Lac for my child (to be invested by her in FD in nationalize bank & interest of the same will be utilize for child exp.)& she agreed to give visitation to my child once in a month. . On the next day (after one month) her lawyer refused to file even amendment application (u/s 13B) & consent terms also. She insisted us to first deposit money into the court & then we can file amendment application & consent terms.
Please advice
After depositing money in court, if she not agree with some terms e.g child visitation & depositing money in child name nationalized bank (with husband & wife guardian so that she cannot break the FD), what is the risk to me. Can I withdraw my money deposited in court if she is not agreed to the certain terms & conditions.
Susmita
(Expert) 07 November 2017
As per agreement you have to deposit the money in your child's name. So do the same and deposit it in The Court along with that Agreement. Deviation from the agreement will empower the Court to penalize the petitioner.
Rajendra K Goyal
(Expert) 07 November 2017
You can deposit the money with the court and mention the condition in the MCD terms that the wife can withdraw the money only after MCD is awarded. If possible deposit the money in the form of FD in the name of court to be released after divorce.
