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Adv Nitin Kumar (Selfemployed)     02 November 2012

Final settlement

If we are going to make final settlement in all the cases of DV act/ 498a & divorce, then what time we have to handover the DD to the party. Can they refuse for settlement after taking the DD ?



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 1 Replies

Tajobsindia (Senior Partner )     02 November 2012

I always advise spouse to deposit the DD in Court during first motion with rider "release the DD to wife (co-applicant) subject to Decree award"

This way she will not raise finger that you didn’t give the settlement money as it is there in Court records and all that needs for her to do is to come on dot after 6 months cooling period and give second motion statement and take the money and both have decree in divorce in hand. Here both parties are struck and safe too.

However above could be followed when all complaint cases are withdrawn by her including S. 125 CrPC (maint.) and greatly depends upon State HC too. As in Delhi HC but whatever the local flavor scenario is I will still suggest to place the prepared DD in Court record during First Motion of MCD and with above stated rider (which is your safety condition in case she takes the money and does not withdraw complaint cases and or does not come on second motion stage). 


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