Family court granted contested divorce to husband on cruelty grounds (HMA) with a rider that decree of divorce will come into force only if husband furnished a DD of 5 lac rupees to wife (permanent alimony sec 25) within 2 months from date of order. Husband tries to deposit the DD in court after 1 month. Judge refuses to accept application saying that I never wrote “DD to be deposited/disbursed through court ! U give it directly to wife”.
Now his lawyer sends it via a registered post. The post is delivered at wife’s address but there is no encashment of DD even after 10 days of receiving by the wife. All we can prove is the ‘receipt of reg. post’ but who will prove that DD was inside this envelop?
In other words, we still do not have any SIGNED RECEIPT of DD by the wife. What best can be done now? so that wife does not come out with a plea that husband did not give DD even after 3 months of divorce orders n decree stands void?
