Abhiraj (aaaa) 21 February 2010

Expect a very urgent reply from ur side

Dear Team,
My in laws has filed dowry case against me and i was also jailed for 17 days and got my bail. My parents are also accused. Now we reached to a state of compromise in which we have to give them a lump sum amount. i Want to know what is the most possible way of giving the amount to them....
1) My lawyer told me that when we submit the paper for resolution of 498a and other cases and for divorce, the court will give us a date of after six months, we convinced the other party that we will hand over the amount when we get the divorce order. Now the question is that they want to see a proof that we prepared dd or other medium.
As far as my knowledge is concern if we gave them copy of dd now and put original DD in our custody they can easily go to bank and tell them that they lost the DD and bank will issue a duplicate DD to them.

please help me that what will be safest way to overcome this problem. as they are not at all trust worthy... And they can go to any extent..... is there any other medium like Bank Guarantee or some kind of FD in which i will also having some control over the money so that once i will get the divorce i will release the amount for them.....

Expect a very urgent reply from ur side

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9 Replies

niranjan (civil practice) 21 February 2010

Better you enquire in the court,whether court would like to keep that money under misc.head. In that case if the money is deposited in the court,the other party cannot lift that money without consent of your advocate and you may mention in the application that money is tobe given after the divorce.

Abhiraj (aaaa) 21 February 2010

dear Sir,

Thanks for ur response...

Sir can u please guide for any financial instrument which can help me....

harish prabhu (advocate) 21 February 2010

brother as far as i know , get urself a dd for the amount , get ur wife to court , tell her to file a affidavit, and hand over the dd to her in the court hall, i guess judges oblige that, ..............

V. VASUDEVAN (LEGAL COUNSEL) 21 February 2010

Duplicate DD cannot be obtained so easily based on a xerox copy. If at all the purchaser of the DD only can apply for duplicate and it is very cumbersome. Hence you may show the DD copy but I am not sure it will be accepted. Alternatively you may take a fixed deposit and deposit the original receipt with the court, pending orders.

vasudevan

SADASHIV (EE) 22 February 2010

You do not have to give even photocopy of the DD or FD to the party. All you can do is SHOW them in the court. Alternatively, you may inform the BANK about your merky matter, and that your wife may aproach bank, but that is technically not possible as bank will need the counter-foil of the bank DD application that is handed over to you after preparation of DD. Best is to inform Bank, and only Show the copy, but do not give them! Be careful of ladies, they can fool you right under your nose. I tell you, nowadays, ladies do not love husband, but only his money. So, play very propfessionally, and without emotions, or else you can get doomed!- sairam. Samir.Victimofmisuseof498a@abu dhabi

Daksh (Student) 22 February 2010

Mr.Abhiraj,

I would like to suggest that you better get a compromise deed drafted by your Advocate and let it be filed in the court which shall record in its order the mode of settlement and the payment be made across the bar so as to nullify any further nuisance in future.

I hope this will definately wok in your favour.

Best Regards

Daksh

B K Raghavendra Rao (Senior Advocate) 22 February 2010

Getting a duplicate DD based on xerox copy of that is highly impossible. The banks would doubt if there is a slight technical error in the original DD itself. As such a xerox copy cannot be made use to get another original DD. You can safely give a xerox copy of the DD.