1. Next time ask query here without mentioning profanities in your brief as it she is still your wife and we have not to know her.
2. Now you first of all need to hire via reference an advocate whom you give instruction to prepare the papers for MCD as well as MoU with parties terms and conditions.
3. Your query is about transferring 10 L at Second motion.
4. So get draft MoU made via professional help like I said before. In the MoU mention husband will prepare 10 L F/D and parties have agreed of its release on her coming and giving Statement during Second Motion and/or when parties marriage is decreed by the Court.
5. Once she / her side approves of above method para, prepare the F/D on her name of like amount and jointly file MCD papers and get allowed First Motion as per MoU. Submit the F/D to Court during First motion proceedings along with joint registered MoU and the F/D now becomes part of the material records and is kept in safe keeping of the Court which will be released once Decree Sheet prepared upon her coming and giving Statement on Second motion which is maximum extendable upto 18 months as per Books (so your buffer period needs serious re-thinking when last-mile trust is at a loss between parties!).
Your part of keeping terms of MCD is over once you prepare and pleadge the same with Court and co-operate in both Motions of MCD proceedings. Whereas for her to get same at Second motion she has not only to co-operate during both Motions since she now knows you have done your part but chances of her backing out is minimum and your loss which you may be thinking hence come here is also minimum if she backs off after taking 10 L if given to her at First motion.
a. If she does not come during second motion then you have two options; one is that the MCD of parties will be dismissed if you press that she is not interested even mentioning so unilaterally and/or extension date can also be given for second motion by sending her Notice of court to come on such and such date and place her say for Second motion which may be maximum 18 months as per Books said to be maximum cooling period. Herein you have to wait till competition of 18 months. However SC has already said recently that wife can even come (extend) the cooling period to 2-1/2 years in one case and thus now there is no hard and fast Rule on cooling -periods in reference to this quesry! So keep fingers crossed on hinted buffet period. As far as F/D ‘lapse’ worry is concerned the hint here is when you fill up the F/D requisition Form check-box the ‘automatic renewal’ Box. Now the F/Ds as per Bank records will be renewed automatically beyond 6 months (which also translates you will not loose interest on it if it extends beyond 6 months J) whose special knowledge you will have as you prepared the F/D but ‘face of it’, it will pressurize (probably) wife to co-operate thinking that F/D is for 6 months and thus probably I should join him for Second motion in 6 months to get release of the F/D mentioned in MoU which is like carrot-n-stick deal.
b. Finally if even as per your said (waiting) buffer period (if I consider) she does not come then you can file unilateral Application for F/D handing over back to you which is straight forward procedure of Court and for the same Court assumes that parties are not interested for Second motion thus dismiss the case itself on your request.
c. So as sum-total here you have been shown minimum as well as maximum of what is there for you in this 10 L buffer carrot so that you donot come back to me again and ask same question with some sentence change here and there!. Now how you moving forward after re-reading this reply is upto you.
