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vinod   24 November 2015

Mutual divorce procedure: paid with dd in favour of judge

We applied for mutual divorce in the district court.I gave 15 lakhs through DD which i took in favour of "The Judge, Family Court, Townname" in Andhra Pradesh state.It is written in petition that money(with interest) goes to my wife as part of permanent alimony upon divorce being granted.If divorce is not granted,I can withdraw at liberty(with interest).Both of their lawyer and our lawyer told  this money goes to court treasury. My lawyers told still Case number generation is not happening.It's already been 1 month now. Also DD is 3 months valid only.. So Only DD copy is proof to me.Is this is safe deposit in court?   Please advise



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 10 Replies


(Guest)
Why are you in hurry? You should have first filed case in court and on hearing your lawyer should have offered amount and then draft should have been deposited in court treasury with case number , purpose and parties names etc. if payment is already made, you face problem in locating it and linking it to your case. Courts are no better than fish markets as far as management of courts is crowded and out of control.

(Guest)
Divorce and alimony are two separate issues and divorce is first to be agreed to by court, then only question of alimony comes. Rather you could pay to your wife by draft and get it incorporated in divorce agreement as full and final payment of permanent alimony. I think you should have waited for court to hear case and judge consenting to awards decree with Rs15 lac permanent alimony. Even draft in name of wife could be handed through court after she gave statement under section 13 B and signed in court papers.

Nitish Banka (lawyer)     25 November 2015

You could have directly handed over the draft to wife in court itself and same was to be rcorded by the Judge.

Thanks & Regards,

Nitish Banka

9891549997

b.goheel   26 November 2015

dear queriest,
as per info in ur query
"I gave 15 lakhs through DD which i took in favour of "The Judge, Family Court, Townname" in Andhra Pradesh state" though Case number generation is not happening as per ur query.
It seems it is a main issue of ur problem .

surprised u come to this platform after all was over and not before

T. Kalaiselvan, Advocate (Advocate)     04 December 2015

What is that you want to clarify after having done all those which are not absolutely undesirable. 

A court deposit of DD which is valid only for three months is nothing but making fun of law or court. What was the necessity to take a DD in the name of court or judge when this amount has to be given to the wife?

You can follow up the issue with your advocate itself.


(Guest)

Itseems this guy had some othet motive . His wife did not settle matter. In  order to save his skin and polcie action he himself deposited a draftunlaterally in court to induce wife to fall for it and settle out matter in court. This did not work. Is not it Mr Querist?
Unless court soorders, no lawyer woulod do like itwas did in his case.

Soquesrist should be hnest and forthright while asking quesry and not waste everyones time.

vinod   06 December 2015

All Sirs, Thanks all for responding to this post.My Apologies for not responding to this thread.

I am currently working outside india from past 6 months and my wife and their parents with their lawyer told me that i need to go for a mutual divorce  by paying money of 15 lakhs before through fixed deposit outside as out of court settlement , otherwise they will file a false case against me and trouble me. Initially they asked me to open a fixed deposit  of 15 lakhs on two people(one person from their relatives and one from my relatives) as this is out-of court settlement. I did not agree for it to pay on other person name's fixed deposit. I have told them i will pay anything in court only and i wont pay anything out of court.

Hence their lawyer told me to take a DD in favour of "The Judge, Family Court, TownName" in Andhra Pradesh .I checked with few lawyers, they told me it is ok and safe deposit in court in this way. Hence i felt banks can track DD payment and it can act as proof to me as payment later. So took a DD and handedover in court along with signed mutual divorce petition by us.

I am not sure if i can mention the town name of Court here in public form, hence i gave town name.

Now our lawyer and their lawyer told me that case number is generated as "FCOP XXX/2015" and i must attend the first hearing on this month December 17,2015. However i could not find any single Family court case of FCOP Case numbers in online court website https://ecourts.gov.in/.  I told our lawyer, he told it is not a problem even if it is not present in website.  Hence i am coming back to india on this date of Dec 17,2015 for first hearing in district family court. I will update here the progress.

 

Thanks for all your valuable guidance here. Please let me know if you see any thing unusual going on here.

 

 

vinod   03 March 2016

Sir, But in my case, now the court case number got generated in one of District court, Andhra Pradesh. They took one more affidavit to deposit this money into court account. Now the divorce hearings every month is going on with me. The court said it will take 6 months. Now i attended first two hearings, so far i did not see any issue. The administrative members in the family court room told the 15 lakhs money went to court account under my name, and they are telling me it is not a problem. They told me finally after getting divorce, my wife will need to file a petition to get this money from court.

R san   20 November 2019

Dear sir I am willing to get divorce thru mutual convent but my wife side is not supporting in the matter.. I belong to medium class.. don't have much source although borrowing form freind ans relatives I arranged to close matter.. my question is is it possible that my alimony amount I deposit in court and after recieving. Decree will allow to release alimony amount from court.. because I'm feared if I pay alimony amount prior to proceeding than my decree will not be signed thru counter party.. pls advice me ..

R san   20 November 2019

Dear sir I am willing to get divorce thru mutual convent but my wife side is not supporting in the matter.. I belong to medium class.. don't have much source although borrowing form freind ans relatives I arranged to close matter.. my question is is it possible that my alimony amount I deposit in court and after recieving. Decree will allow to release alimony amount from court.. because I'm feared if I pay alimony amount prior to proceeding than my decree will not be signed thru counter party.. pls advice me ..

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