Arpan Vasudev (specialist) 24 December 2013

Mcd

Hi,

I applied for a divorce on 5th July by MCD. However, my lawyer has filed the papers in the court on 6 sept in...Due to which my divorce has being extended till 6th March. My wife had filed section 498/A section and section 506 IPC...Both the cases have being withdrawn. She has being given a post dated cheque 4th feb. As per the MOU she can encash the cheque only once divorce is granted which is 7 months from the time the petition is filed.

Can someone guide me if i may end up in any trouble????

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 December 2013

Dear querist

Stop the cheque and send a notice after 4th of feb. regarding stop the payment till the completion of divorce

T. Kalaiselvan, Advocate (Advocate) 24 December 2013

What is the type of trouble you anticipate or apprehend, i.e., whether after encashing the cheque amount if your wife is not ready to give her consent in the second motion for divorce?, If you are so much suspicious about this issue, you can ask her to hold the presentation of cheaue to her bankers until the decree is pronounced by court, if you strongly feel that she may not accept your request, you instruct your bankers in writing to stop payment of the cheque amount if presented, thereupon,you can issue a fresh cheque once after the judgment is pronounced.

(Guest)

Send her a intimation letter explaining the facts that cheque not to be presented till the time of divorce formalities completed by registered post by your advocate itself..Also intimate her the payment would be made by Banker's D/D itself on collecting back the cheque and issue Stop Payment letter to your Bankers now itself.