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Shaik (business)     09 August 2023

divorce filed by wife as per muslim marriage act - when to settle amount?

Dear Sirs
Here is the complete details of my case:

Marriage as per Muslim custom. in 2014 she left and filed 498a and DVC.

Acquitted in 498a and allowed partly only maintenance to wife and son in DVC.
Paying monthly  to son no problem for me and filed in HC to reduce maintenance to wife.

In 2023 amicable settlement by pre-litigation trial at LOK adalat for one time full and final settlemt filed by her. 

Terms and conditions in the LOK Adalat recorded are:( I have received award copy)

1. paid half of the full and final settlement amount(equally shared by wife and son) by DD.
2. she is ready and willing to take divorce by filing original suit No. ABCD (she already filed) in family court. Balance amount to be paid at the time of  granting decree of divorce. and she agreed for that in terms and conditions
3. She will not claim any reliefs in DVC as well as maintenance in future as the matter is settled  before this PLC.

Present sitation in family court for divorce filed by her under muslim marriage : 

My lawer told me to give complete remaining amount Demand Draft to wife while attending mediation centre. or for safety purpose, DD retain by husbands lawyer till wife attend next court dates.

My questions are: 

1. Two months gap between mediation date and next "await report" date. after taking DD in mediation centre, if she refuses to come to court later what will happen as she only filed divorce. 
2. can I give post dated cheqes to my lawyer instead of DD to retanin confidence in me. this is to bring her court to complete divorce process and also due to limited 3 month DD Validity.
3. As mentioned in LOK adalat terms  (no. 2 ) balance amount to be paid at the time of granting decree of divorece then when to give remaining amount as there is no first motion or second in this divorce case as per muslim marriage act.
4. or to give balance amount only after court date " reserved for orders"  

With the precious guidance from this group I am at the final stage of court cases..
I may be given some direction to finish this court matter.

Many thanks


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2023

1. It is her decision to continue the case or not, but since on the pretext of divorce she had collected the amount, you can file a recocery suit to recover the amount since she failed to deliver the requisite result  by obtaining divorce decree.

2. You do not have to prepare the DD now itself, you can wait for her turn up on the date of hearing and see what she does, after which you can purchase the DD on the same day to hand it over to her.

3. It is a contested divorce hence you may have to remain absent before court  so that she gets an exparte div orce decree after which you can handover the DD and stay away from her.



1 Like

Real Soul.... (LEGAL)     10 August 2023

You must only issue the DD when the divorce decree is granted otherwise she will delay the process of divorce then. You don’ need to give DD to anyone, but must submit to court for release to her upon grant of divorce decree; file an application for deposit of DD in the court directly when the decree is granted otherwise you can have the consequences as you desire 

1 Like

T. Kalaiselvan, Advocate (Advocate)     10 August 2023

Recently Delhi High court has held a wife guilty of contempt of court for wilfully violating a settlement agreement with her husband and disobeying the undertaking to abide by the same given to the family court. 

. Justice Manmeet Pritam Singh Arora imposed a penalty of Rs. 2,000 on the wife and also sentenced her to one month of simple imprisonment, considering that she “deliberately, wilfully, intentionally and defiantly” disobeyed the undertaking despite various opportunities were granted to her, “only with an intent to enhance her financial settlement with the husband.”

This Court therefore, imposes a fine of ₹ 2,000/- on the Respondent. This Court further sentences the Respondent to simple imprisonment for a term of one (1) month. In case of default of payment of fine, the Respondent shall further undergo 15 days of simple imprisonment,” the court said.

Therefore you can take contempt of court action against her on the basis of the above said judgment


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