Mutual divorce (alimony given to wife as fdr but in the name of child u/g husband name)
sj
(Querist) 18 July 2014
This query is : Resolved
It was agreed in mediation cell that divorce would be mutual and 3 lacs to be given to wife as 1.5 lacs in first motion and 1.5 lacs in second motion in the form of FDR in the name of the child(Custody is with the wife) but wife gets to know after first motion that the FDR which was given to her was in the name of her child U/G husband name which means the FD is in full control of the husband and he can withdraw it anytime and wife has no control over it, now the question is what wife can do before the second motion so that this FD is in her name only
Dr J C Vashista
(Expert) 19 July 2014
@ sj,
1. Anonymous author.
2. Did the lady sign the mediation proceedings blindly?
3. Why did she agree on the terms and conditions of mediation proceedings before getting the same become Court order?
4. Did she not come to know regarding payment of balance of agreed amount in the first motion proceedings?
5. Consult your lawyer Mr./Ms. sj.
Rajendra K Goyal
(Expert) 19 July 2014
If second motion has not taken place, she should refuse to attend the motion and get the position rectified first.
ajay sethi
(Expert) 19 July 2014
dont attend the second motion . husband will do the needful
Raj Kumar Makkad
(Expert) 19 July 2014
Wife cannot be forced to accept the arbitrariness of husband as seen in the given case. Wife can definitely agitate the issue at the second motion and make it a precondition to change the guardian in both FDRs (second is yet to be created).
T. Kalaiselvan, Advocate 
(Expert) 19 July 2014
On refusal to attend the second motion, the previous error will be immediately rectified by the culprit husband fearing the dismissal of he divorce case, let the wife be stubborn on this point till the end.
