Payment of alimony

Sudarshan Mudaliar (Querist) 17 June 2013 This query is : Resolved
My wife had filed a fabricated Domestic violence case against me, now when it cane to submitting of evidence they have agreed to settle for a lumpsum amount and close the chapter of marriage

Thus we need to apply for Mutual divorce. They wanted us to pay the money first and then proceed, which we flatly declined.

Now they want us to submit 50%, I strongly fear that they would take the money and after cool off period they ask for reunion / withdraw consent of some fabricated grounds.

Can I have a clause that i would deposit a AC payee Demand draft in name of my wife after we have appeared the court after cooling period, we both agree that the marriage has broken down and we do not want to reunite. after this is recorded in court i would submit a AC payee Demand draft in name of my wife at the court treasury. And after passing decree of divorce court would hand over the DD to her.

here i am not cheating as i am submitting the amount with court, so it is not with me.

And Court never cheats, its an institution. So court passes the decree and my wife get the money from court and this way does not has a chance to cheat.

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Rajeev Kumar (Expert) 17 June 2013
Dear querist, Boldy refuse to pay 50% at the time of giving consent on first motion but enter into an agreement that the payment 50% of the amount will be given at the time of giving final consent after cooling off period and the rest will be given at the time of obtaining divorce decree must be payed by A/c payee cheque or demand draft and no appeal will be filed after divorce decree

Advocate Rajkumarlaxman (Expert) 17 June 2013
through court is the best and only good option for you. go n for this and in consent terms only you can add the same clause and proceed in the matter,.