Hi law gurus,
I am going to file Mutual Consented Divorce and in MoU I have mentioned as below:
- That the husband at the time of first motion will handover a post dated cheque (Dated:XX, Bank Name:YY, Cheque Number:ZZ) of Rs. 8 Lacs in the name of wife dated 6 months after the date of first motion .
- That the wife shall be at liberty to encash that cheque only after obtaining a divorce decree.
Now my question is that:
if my wife tries to encash this money ( after due date of cheque, i.e. XX ) without apearing for divorce and thus cheque get bounce (as I will only put money in account only after sucessful divorce) then can it involves section138 NIA or any other IPC section?
- If she can invoke any IPC section for this bounced cheque, will her case stand strong in the eye of law considering that she has signed this MCD MoU in first MCD motion? How troublesome can this be?
- If she cannot file any case, then what is the legal reason of that?
Do I need to worry at all with such an MoU?
Please answer.
Thanks in advance
