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Ankit   10 April 2016

13b withdrawal of consent, return of money.

We planning to file 13b for divource. I am going to Pay 50% of the money upfront at the time to filing the pittition and 50% at the time to final decree. We have captured payment details in 13b draft.

My wife is very greedy and really worried she may withdraw her consent after getting 1st hearing or ask for more money.

1) What can I do to safegurd myself.

2) Can I add any specific clause in my 13b pittition. Or take any other measure that stop her from try to cheat me.

3) Can I add a clause in draft saying in case of withdraw of consent she has to return first 50% she has recived from me.

4) Can we deposit the money in family courts custody? What will I need to do for that.

Pls. respond as early as possible.



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     10 April 2016

Just add one clause in the divorce petition that in case she withdrew her consent for divorce before or at the time of second motion the 50% amount of alimony received by her the time of first motion will be returned by her. This the usual binding clause we put in the petition or agreement or mou for divorce by mutual consent. The family court appreciate this clause and make the non consenting party return the money received by it to the other party.

Ankit   10 April 2016

Thanks Vijay and Captain for your suggestions.

I will try and get "return of money" clause introduce in the pittition.

Other pary is not ready to sign 13b unless they get some money upfront.

What about depositing money in custody of family court. Will court accept this option?

 

 


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