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amit kumar (hr executive )     30 October 2012

Pre installments in divorce case

Dear Lawyers,

Please provide your valueble advice in case of pre installments in case of Divorce proceeding.

Brief Overview - Divorce proceeding is on its way  and done with 1st motion and paid the X amount. Balance need to be paid in 2nd as well as during the quashing of the FIR. The mutual consent settlement deed is register in high court and the divorce proceeding is moving in lower court.

1 ) Can I deposit the rest of the X amount in the form of DD in lower court and issue a PO to someone on my behalf as I need to move abroad for my company assignment and would not be able to make out till next dates.

2) Will the court accept the same and does the other party can object on the same? If yes whats the procedure as I am complying on the settlement deed for the alimonary amount and will be depositing the remaining X amount in the court for her to take it as a part of settlement deed.


Thanking you all well in advance for taking your time.




 1 Replies

Goutam Prasad (Advocate)     30 October 2012

I will suggest you to get FIR quashed in your presence, which can be done by presenting application even before next date and pay the installment which needs to be paid with quashing of FIR.

Thereafter, you can appoint POA through proper documentation for appearance in court and keep the amont of DD in safe custody of your POA or your advocate for presenting during second motion. It is better to take services of good advocate.

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