cpc

mutual consent of divorce

Private Secretary

Myself and my wife have applied for Mutual consent of dirorce and I have agreed to pay a Lump Sum amount of Rs.7.5 lakhs after six months during the time of evidence.  I told that I will pay the amount by DD.  She is asking me to pay the entire amount in Cash.   I am living 130 kms away from the place where the case is contested and I told there is lot of risk in carrying the amount in cash.   Hence I will pay the amount through DD only.


Whether she is correct in asking the amount in cash.  Kindly clarify.

 

Barathi

 
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IT IS NOT ADVICED TO PAY IN CASH. YOU CAN WIRE TRANSFER THE MONEY IN HER ACCOUNT,

 
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You shold pay by Demand Draft and you should mention in the petition that petitioner no.2/wife would not claim any alimony /maintenace after divorce in any court of law.Beside this you should also make another agreement with your wife and a memo of taken money or acknowledge receipt in presence of witnesses.However, you wife can claim maintenance after divorce till she re-marry.I here with mention a case law for your information(Sadasivam Pillai vs.Viyaya Lakshmi 1987 Cr. LJ 765:(1986) 3 Crimes 508 :(1987) 1 Ker LT 381)

 
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of course you can pay through DD.hand it over in the court,she cannot deny.get the brief of DD recorded in your statement of giving the DD as well as in her statement receiving the DD

 
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Yes Demand Draft is safe for you and also put these condition that wife would not claim any alimony /maintenace after divorce in any court of law,in future.If you pay cash then its risky and you also take some writing but it not advisible.DD is best option.

 
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If she still insists upon cash payment, ITS THE RED FLAG, NO DOUBT. Do not agree to this condition at all.

On different note, if u want to save money in preparing for DD, u may pay "PAYABLE AT PAR" cheque.

Best Wishes

 
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