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Rajaji   17 August 2016

Full and final settlement money will deposit where in mcd

 Hi, 
 Recently I had a date in the court in my maintenance case. It was first date. When I went there judge has asked about MCD and both parties agree to that with no conditions. 
 
 Judge said the terms and he decided the sum as 15 lakhs which cover marriage expenses, full and final settlement, maintenance (past, present and future) and both parties agrees to that. Girl will take all the cases back and 498a fir quashing before second motion. 
 
 Payment will be made in two installments half on first motion and remaining half on second motion (after six months). 
 
 Cases are running in Haryana 
 In MOU signed, it was not mentioned that where this money will be deposited
 Question arrises 
 
 1) To whom this payment will be made? We dont want to pay this money to girl before signing on second motion as we have heard and read the cases where girl do not appear in second motion. We are ready to deposit the 7.5 lakhs in the court but our lawyer said in Haryan it did not work like this. 
 
 We have asked our hometown lawyers and read in the online forum that you need to deposit it in the court and there is no need to give it to the girl as there are chances that girl may back out and then you need to fight more cases(restoration case). We dont want to stuck in all those litigation now, precaution is better than cure. 
 
 Is it true that in Haryana or in some states we can not deposit money in the court during first motion? What we want is to deposit this money to court, it will lie with the court till signing off second motion? 
 
 Law should be same everywhere... 
 
 if it can be deposit in the court then DD has to be made on which name? Court name? Judge name? Treasury ? who? 
 
 Experts please help me out here with details 
 
 2) In case court does not agree for deposit then what else we can do? 
 
 a) if we back out from MCD, what will be consequences? 
 
 3) Terms mentioned are marriage expenses, full and final settlemnt and maintencance, does this cover all? or do we need to mention all like (dowry, streedhan, property etc etc) 
 
 kindly reply 



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 3 Replies

Mukesh sharma (job )     17 August 2016

Hi rule same in all over india and when you depossit money than court clear mention where you mention your money and detils share with court if you deposite money direct to girl account 

in last if you give in written you pay your money in two installment than their no problem with court if you have some problem you take advice some another lawyer who deal in  family law 

thnks 

whatnot   18 August 2016

It is commendable that MCD is pursued. Open an escrow account if possible (may need business license). If not submit the proof that you have said amount at your disposable and request court for next step with prayer that the amount should be released only after decree and withdrawal of pending cases.

Draft of same may invovle some expertise. Hence chose some expereinced lawyer to format the same.

Think that money you are giving is for better future and don't let others influence you to change amount (as it is already been agrred by both parties)

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 August 2016

No where such money is deposited in court.

 

You keep a demand draft ready in the name of other side and child if any.

 

MCD should be signed only after all cases are withdrawn othereise you will be trapped and there will be no solution.

 

You can show photcopy of the demand draft to the court and all others to show your intentions are clear but you need final solution before handing over the draft document to other side.


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