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Gaurav (consultant)     07 April 2013

Best way to transfer money on divorce decree (Tajobs/Shonee/Other experts)

Gurus,

 

B*tch has agreed for MCD on condition of transferring 10 lakhs on second motion. How to tranfer that amount?

 

(1) Through mediator: We do not have any mediator in between

  

(2) Through court FD/DD/registry: Which she refused for unknown reasons.

 

(3) Through bank gaurantee: Is it possible to submit 10 lakhs rs. in bank now with a condition that wife can withdraw it by providing divorce decree in 9 months (6 months cooling period + 3 months buffer time for her appearance on second motion)? Does banks provide such gaurantee in matrimonial/divorce cases? Is it safe for me to feed b*tch this way?

  

Thanks in advance,

harrased husband of an adulterous wife.



Learning

 17 Replies

rahul (director)     07 April 2013

its normal process that hubby give 2nd motion amount at the time of statment and signing of wife in court.. thats simple..

why all the problem..

BTW, how you you paid in first motion?

file DD/ FD in court.. court will handover after her sign on joint statment on 2nd motion ------13B(2) 

Tajobsindia (Senior Partner )     07 April 2013

1.    Next time ask query here without mentioning profanities in your brief as it she is still your wife and we have not to know her.

2.    Now you first of all need to hire via reference an advocate whom you give instruction to prepare the papers for MCD as well as MoU with parties terms and conditions.

3.    Your query is about transferring 10 L at Second motion.

4.    So get draft MoU made via professional help like I said before. In the MoU mention husband will prepare 10 L F/D and parties have agreed of its release on her coming and giving Statement during Second Motion and/or when parties marriage is decreed by the Court.

5.    Once she / her side approves of above method para, prepare the F/D on her name of like amount and jointly file MCD papers and get allowed First Motion as per MoU. Submit the F/D to Court during First motion proceedings along with joint registered MoU and the F/D now becomes part of the material records and is kept in safe keeping of the Court which will be released once Decree Sheet prepared upon her coming and giving Statement on Second motion which is maximum extendable upto 18 months as per Books (so your buffer period needs serious re-thinking when last-mile trust is at a loss between parties!).

Your part of keeping terms of MCD is over once you prepare and pleadge the same with Court and co-operate in both Motions of MCD proceedings. Whereas for her to get same at Second motion she has not only to co-operate during both Motions since she now knows you have done your part but chances of her backing out is minimum and your loss which you may be thinking hence come here is also minimum if she backs off after taking 10 L if given to her at First motion.

a.    If she does not come during second motion then you have two options; one is that the MCD of parties will be dismissed if you press that she is not interested even mentioning so unilaterally and/or extension date can also be given for second motion by sending her Notice of court to come on such and such date and place her say for Second motion which may be maximum 18 months as per Books said to be maximum cooling period. Herein you have to wait till competition of 18 months. However SC has already said recently that wife can even come (extend) the cooling period to 2-1/2 years in one case and thus now there is no hard and fast Rule on cooling -periods in reference to this quesry! So keep fingers crossed on hinted buffet period. As far as F/D ‘lapse’ worry is concerned the hint here is when you fill up the F/D requisition Form check-box the ‘automatic renewal’ Box. Now the F/Ds as per Bank records will be renewed automatically beyond 6 months (which also translates you will not loose interest on it if it extends beyond 6 months J) whose special knowledge you will have as you prepared the F/D but ‘face of it’, it will pressurize (probably) wife to co-operate thinking that F/D is for 6 months and thus probably I should join him for Second motion in 6 months to get release of the F/D mentioned in MoU which is like carrot-n-stick deal.

b.    Finally if even as per your said (waiting) buffer period (if I consider) she does not come then you can file unilateral Application for F/D handing over back to you which is straight forward procedure of Court and for the same Court assumes that parties are not interested for Second motion thus dismiss the case itself on your request.

c.    So as sum-total here you have been shown minimum as well as maximum of what is there for you in this 10 L buffer carrot so that you donot come back to me again and ask same question with some sentence change here and there!. Now how you moving forward after re-reading this reply is upto you.

 

 

cm jain sir (ccc)     07 April 2013

Pls see that it is transferred thru court treasury only, which is not acceptable to this lady.

I "Sense" another trouble planned by your opposites.

There are many cases of ditching the MOU so take all the care.

I strongly oppose the extortion racket of the lady.

Take care . Best wishes!

Gaurav (consultant)     14 June 2013

Originally posted by : Tajobsindia


b.    Finally if even as per your said (waiting) buffer period (if I consider) she does not come then you can file unilateral Application for F/D handing over back to you which is straight forward procedure of Court and for the same Court assumes that parties are not interested for Second motion thus dismiss the case itself on your request.
 

   

Tajobs ji,

    

Finally after 2 months of tussle they agreed again for MCD.

   

I have a question on above mentioned point of yours.

    

As FD is being made on wife's name so if she defaults and do not appear for second motion:

1) How it will be converted on my name ??

2) Will judge hand it over easily or can she create any issue assuming I have waited for a buffer period?

3) Can she encash that FD (using let say FD identity number)  before that second motion from bank saying that she has lost the originals???

    

I heard another way which court registery which seem to be much safer as it is not hers name and only disadvantage is that I won't get interest on that if she delays? Right? 

   

Please answer.

   

Thanks by advance

Regards

Anjuru Chandra Sekhar (Advocate )     14 June 2013

Bank guarantee is the best method.  Keep ten lacs FD in your name.  Let banker create a lien on your FD for BG being issued in favor of your wife which can be invoked by her in case of your default to pay Rs. ten lacs to her during second motion.  One of the terms of BG is it will lapse after 18 months period from the date of first motion by which time it will be clear whether she will move on her own accept your second motion.

Gaurav (consultant)     15 June 2013

Other party not agreeing for BG so I am persuading them for FD option so please answer my query...

Tajobs ji,

 

Finally after 2 months of tussle they agreed again for MCD.

 

I have a question on above mentioned point of yours.

 

As FD is being made on wife's name so if she defaults and do not appear for second motion:

1) How it will be converted on my name ??

2) Will judge hand it over easily or can she create any issue assuming I have waited for a buffer period?

3) Can she encash that FD (using let say FD identity number) before that second motion from bank saying that she has lost the originals???

 

I heard another way which court registery which seem to be much safer as it is not hers name and only disadvantage is that I won't get interest on that if she delays? Right?

 

Please answer.

 

Thanks by advance

Gaurav (consultant)     15 June 2013

Guru Tajobs,

Need your opinion, please !


(Guest)
Originally posted by : Gaurav

Other party not agreeing for BG so I am persuading them for FD option so please answer my query...

Tajobs ji,

 

Finally after 2 months of tussle they agreed again for MCD.

 

I have a question on above mentioned point of yours.

 

As FD is being made on wife's name so if she defaults and do not appear for second motion:

1) How it will be converted on my name ??

2) Will judge hand it over easily or can she create any issue assuming I have waited for a buffer period?

3) Can she encash that FD (using let say FD identity number) before that second motion from bank saying that she has lost the originals???

 

I heard another way which court registery which seem to be much safer as it is not hers name and only disadvantage is that I won't get interest on that if she delays? Right?

 

Please answer.

 

Thanks by advance


FD take give blah blah.. all that is circus.


Dont even think of giving posted dated cheque/cheque.


She comes to court on second motion, let her sign, pay her cash, ek haath de ek haath le.

Gaurav (consultant)     15 June 2013

They are not agreeing and want half amount in first motion only.

  

ANd I am sticking to my guns that I will follow FD way as suggested by Tajobs Sir. So just in case they agree for making me FD (on her name) submit in court in first motion then if she dont come in second motion then:

 

1) How it will be converted on my name if she ditches??

2) Will judge hand it over easily or can she create any issue assuming I have waited for a buffer period (18months, 3 years, or :-( ??)?

3) Can she encash that FD (using let say FD identity number) before that second motion from bank saying that she has lost the originals and ditch me???

Gaurav (consultant)     16 June 2013

Experts,

Answer please.

:-|

Gaurav (consultant)     16 June 2013

making this thread alive again


(Guest)

All answers provided.

Gaurav (consultant)     18 June 2013

Helping hand Thanks but still I feel unanswered....

Please consider my below queries:

They are not agreeing and want half amount in first motion only.

 

ANd I am sticking to my guns that I will follow FD way as suggested by Tajobs Sir. So just in case they agree for making me FD (on her name) submit in court in first motion then if she dont come in second motion then:

 

1) How it will be converted on my name if she ditches??

2) Will judge hand it over easily or can she create any issue assuming I have waited for a buffer period (18months, 3 years, or :-( ??)?

3) Can she encash that FD (using let say FD identity number) before that second motion from bank saying that she has lost the originals and ditch me???


 


(Guest)
Originally posted by : Gaurav


Helping hand Thanks but still I feel unanswered....

Please consider my below queries:

They are not agreeing and want half amount in first motion only.

 DONT GIVE ANY PENNY TO HER IN FIRST MOTION.


She will dupe you as you yourself do not have belief in her.


One shot payment, take it or leave it,  if you pay half and she does not turn up then it will be a longer litigation process.


Better not pay half money. 


Pay 100 rupees to her on first motion, want rest of it, appear in second motion, be good, and leave for good.

ANd I am sticking to my guns that I will follow FD way as suggested by Tajobs Sir. So just in case they agree for making me FD (on her name) submit in court in first motion then if she dont come in second motion then:

 

1) How it will be converted on my name if she ditches??

2) Will judge hand it over easily or can she create any issue assuming I have waited for a buffer period (18months, 3 years, or :-( ??)?

3) Can she encash that FD (using let say FD identity number) before that second motion from bank saying that she has lost the originals and ditch me???


 


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