Civil Procedure Code (CPC)

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Let_sense_prevail   21 November 2015

Mutual consent divorce

Hi experts,

I recently moved a MCD pertion HMA 13b, with detailed terms of settlement.

Key settlement term was payment of Rs 20 lcs, by way of PDC payable at 2nd motion. the PDC is already with the other party

Through an oral order, judge has advised me to hand over 50% to the party before recording of statements.

I am uncomfortable given, there is no binding on the other party to continue with the conscent.

1) Can the judge pass any order which binds the other party not to withdraw conscent after receiving 50% ?

2) Is it a good idea to rather deposit the amount with the court treasury? if yes, please guide on the process.

Please advise on the best possible recourse.


 8 Replies

laxmi kant joshi (instructor)     22 November 2015

1.There is no boundation to other party to accept the divorce on second motion evenafter taking 50% alimony, the second party can deny the mcd and returned your money . 2. No, Court never deposit such money in courts treasury .

Nitish Banka (lawyer)     22 November 2015

If the mcd fails you can file contested divorce.

Warm Regards

Nitish Banka


Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     22 November 2015

On what basis has the judge asked you to pay that amount in advance ?!?!

Let_sense_prevail   25 November 2015

Thanks everyone Well the judge is of the opinion that some part of the consideration should move statements can be recorded. What can I do to safeguard my interest and make sure the other party turns up for hearing.

Let_sense_prevail   25 November 2015

I mean turn up for the second motion.

b.goheel   26 November 2015

dear queriest,
as per info in ur query
" Key settlement term was payment of Rs 20 lcs, by way of PDC payable at 2nd motion. the PDC is already with the other party"
is a main issue of ur problem and surprised u come to this platform after all was over and not before

Let_sense_prevail   26 November 2015

Thanks for the reply, The pdc can be stopped it is documented in the petition papers. The main concern is wheter it is advisable to move 50% on first motion as advised. Else what option do I have ?

T. Kalaiselvan, Advocate (Advocate)     30 November 2015

If you suspect the other party to play foul after receiving 50% amount  in advance better do not go ahead with the payment, wait for the outcome of the MCD and make the payment as per original proposal. 

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