Nonu Singh (Engineer) 15 August 2014

Post dated cheque during first motion – mutual consent

Hello Experts Hope all are doing well !! We filed for mutual consent for divorce and executed first motion !! During first motion I have deposited post dated cheque mentioning that if I don’t turn up within 15 days of completion of 6 months of first motion for execution on second motion cheque should be released to my wife . Now I feel that I have been cheated and I don’t want to pay her !! Now I have got notice from court to appear regarding releasing of the cheque , what are my options ? Please help

Reply Follow

2 Replies

(Guest)

Just ask bank to stop payment if at all your wife presents the cheque. You might face a cheque bounce case, if this happens. Regarding the payment to your wife, it stands cancelled. Its all about her appearing in court to give her consent/signature on MCD papers, in absence of such the contract stands cancelled. Nothing to worry about. But you will have to face cheque bounce case if your wife wants to trouble you some more.

The divorce petition will get dismissed, and you will have to file fresh petition which of course will be a contested divorce, but the good point for you is, your money is safe. This time case will run for 6-7 years, let the case be running, keep filing change in cirumstance applicatoin to court each year asking court to readjudicate the alimony. Marry someone else in the meantime and enjoy life. let lovely wife keep roaming to court.