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praveen (Electrical Engineer)     16 October 2017

Mutual consent divorce - cash and dd

Experts and Senior Members,

Both parties filed Mutual Consent Divorce in City Civil Court six months back,final alimony amount settled for 5 Lakh, at the time of filing divorce petiton I paid DD 50k to the party, and there after for 498a 1Lakh and for DVC 50k and Maintenance 1 Lakh till now I paid this much amount.

In MOU clearly we written by both the parties saying that all the amount wiil be paid through Demand Draft.

Balancs 2 lakh I have to pay Demand Draft on divorce day. Suddenly my lawyer was asking me to pay the Demand draft of Rs 1 Lkh and half the amount 1 lakh in cash.

Lawyer said Cash amount will be mentioned in the petition on the divorce day

Question,

1. Is it safe to pay the half the amount in DD and half of the amount in cash.

2. Any advantages to the other party.

3. In future Can we expect any problems from the other party.

All the cases are Dismissed and withdrawn by the other party

 

Thanking you in anticipation

 

 



Learning

 11 Replies

saravanan s (legal advisor)     16 October 2017

Do whatever is agreed as in Mou if otherwise settle the amount before the judge
1 Like

praveen (Electrical Engineer)     16 October 2017

Saravanan sir, thank you for your prompt reply

Sir, it is out of court settlement, do judge mention the amount which I pay in cash in the petition.

 

Siddharth Srivastava (Advocate)     16 October 2017

You may pay the cash amount in court before judge directly to your wife and ensure that the same is also mentioned in her statement. This step would remove all your doubts. As such there is no problem in future.

1 Like

praveen (Electrical Engineer)     16 October 2017

Saravanan sir, thank you for your prompt reply

Sir, it is out of court settlement, do judge mention the amount which I pay in cash in the petition.

 

praveen (Electrical Engineer)     16 October 2017

@Sidarth sir,

You mean in her affidavit Statement?

Siddharth Srivastava (Advocate)     16 October 2017

Not in the affidavit but before the judge that she had received full amount including cash as was settled with you.

1 Like

praveen (Electrical Engineer)     16 October 2017

Sidharth sir,

Up to this stage I paid her in Demand Draft, in this Divorce case I have to give her 2 lakh DD. But my lawyer is asking me to give half amount in dd and remaining amount in cash.

you want her to state the amount in her statment ... But we have filed 13B petitition along with her statment before in the court, can we edit this in her statement.

 

Siddharth Srivastava (Advocate)     16 October 2017

No edit is required. After filing affidavit a brief statement is recorded in court while tendering the affidavit where she can confirm receipt of full agreed amount including cash component also.
1 Like

Master Warrior (AOR)     17 October 2017

Cash is fine but make sure you only pay it in court, and have her sign off saying that as well. Otherwise your MOU says 2 lakh DD but you're only giving a 1 lakh DD, so she can say "Where's the rest of the DD as per MOU?"

Not sure why your lawyer is asking for half to be paid in cash when it's already been decided.

1 Like

(Guest)

They will take money and wont appear on second motion.  Be careful, give cheque, dont give DD.  Ask to stop payment of cheque till you get divorce. decree,

1 Like

praveen (Electrical Engineer)     17 October 2017

@ Malhotra Sir,

This is the second motion final day for divorce.

 


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