goldsurfer (abcd) 31 July 2012

Deposit money in court

Huge trust deficit,

Wife wants money during filing of first motion and husband wants to give entire agreed compensastion during second motion while passing of decree. Both are not trusting each other-wife thinks husband wont agree to give money later even at cost of not getting divorce and husband thinks wife will take money and then say in court that she doesnt want divorce, so then husband loses money also without divorce.

What are feasible options availalble ?

1. Put money in escrow account?

2. Deposit money in court, wherein court will release the money only on second motion while passing the decree?

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1 Replies

Tajobsindia (Senior Partner ) 01 August 2012

1. Make A/C Cheque of agreed amount in wife's name and present it at first motion statement under material record.
2. Mention in a para in the joint petition that it is mutually agreed by parties that as per terms and conditions of MoU executed between parties the second party (husband) will deposit the said amount with Court subject to wife's coming to Court at the time of “recording of statement during second motion” to be “released by Court” to first party (wife) after “enquiry” in proceedings and at the time of granting of “Decree” in proceedings.

This is the only way to come “half way by both parties”. Various Courts have done it (means accept such joint mutual agreement paras of parties) This way she is bound to come in 6 months instead of 18 months and longer as were the cases of metro wives sweet wills. Nothing unusual in above basic advise nor it is a precedent I am suggesting to you.

However, it surprises me why parties Advocate(s) donot voluntarily suggest such doable options after taking fees from parties, instead of you being a client coming here and asking “free” advise L