Gursharan 17 July 2017

Compensation paid to wife and mutual divorce filed !!

Hi friends, After a long dispute of years with my wife and in laws. I have filed a mutual consent divorce in a court in Patiala. We have paid a draft of 8 lakh rupees as half of the total amount agreed. She received in court and the no. of the draft is recorded in the statements. In draft we have mentioned the name of my wife ..xyzD/O..xyz....S/O..xyz....Now after few days getting call from the intermediate person that we have given them bogus draft which is not getting cleared. Because their daughter does not have any account on this details. When we proposed them to open one new account to cash the draft they said we will not open any new account and are threatening us that we will take legal action against you. Please guide me what to do. I can not cancel that draft because they will not return back to me. Please give your valuable comments and suggestions on the above said. Thanks in advance!! Gursharan

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8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 17 July 2017

Sir,

Is the draft valid? then don't worry and let her do whatever she wants to do ...

Don't be afraid by these threats ...

Warm Regards

Kapil Chandna Advocate

989901145,9911218741

Gursharan 18 July 2017

Originally posted by : Kapil Chandna
	Sir, Is the draft valid? then don't worry and let her do whatever she wants to do ... Don't be afraid by these threats ... Warm Regards Kapil Chandna Advocate 989901145,9911218741

Thanks sir. Draft is from SBI and very much genuine.

Ms.Usha Kapoor (CEO) 18 July 2017

If the original Bank draft is valid and genuine no amount of objections or threats can deter you.

Gursharan 18 July 2017

Originally posted by : Ms.Usha Kapoor
	If the original Bank draft is valid and genuine no amount of objections or threats can deter you.

The reason for my worry is that I am working in Hyderabad and my parents are in Punjab. My In-laws are trying to harass my parents. They can clear the draft by opening a new account on the details which are provided in the draft. But are saying that we will take legal action. After three month this draft will not be valid and during next hearing she will simple say that I did not recieve the compensation and my divorce will be delayed.

Raveena Kataria (Advocate ) 18 July 2017

Originally posted by : Gursharan
	The reason for my worry is that I am working in Hyderabad and my parents are in Punjab. My In-laws are trying to harass my parents. They can clear the draft by opening a new account on the details which are provided in the draft. But are saying that we will take legal action. After three month this draft will not be valid and during next hearing she will simple say that I did not recieve the compensation and my divorce will be delayed.

In response to which, you can show them the original draft. Also, if you have evidence of their threats to take unnecessary legal action against you and to prove to the court that they purposely avoided opening up a new account, the court will not accept your wife's contentions. (Furthermore that could be deemed as cruelty on part of your wife.) Your case would still be strong.

Dr J C Vashista (Advocate) 19 July 2017

You must have confirmed correct name as recorded in her bank account before making bank draft.

Take the draft back through same court by filing an application, make/handover a fresh draft (with the permission of court) and avoid any confrontation/complication.

However, do not scummb to pressure tactics or threats from in-laws, if someone does report the matter to police for appropriate legal action.

Gursharan 23 July 2017

Originally posted by : Perfect Solutions_askon5star@g
	When settled and paid during court trial, why you want to cancel the bank draft? Why worried, if the draft gets stale that will be their own mistake. Be patient. let the case gets tried in due course. Thanks for you Reply!!