sohanbhist (Entertainer) 05 February 2014

When to pay the money (Demand Draft) for divorce?

Hi... I am going with a divorce procedure. Now finally my spouse and me agreed for a mutual divorce procedure and she demanded 3.5 lacs which I agreed to pay her. She needed it in DD. But she wants the DD before or on the day of filing the petitions. But I am scared that if she on or any time in between the final day of hearing for divorce denies from divorce and by the time my money will be with her and I will be in helpless position. On the other hand when I am telling her that we mutually suit a petition for mutual divorce and on the final judgement day I will give her a DD with that agreed amount she has a doubt if I denies and don't pay her that amount. Please tell me in that condition what to do as we both don't believe each other on that money matters even. What could have been the legal procedure in that case for paying money(DD). May I keep the DD with court so that court can hand over the DD on the final day of judgement or there are any other way to solve the problem? One more confusion is that if on the day of filing for mutual divorce I hand over a DD to court for give her on final judgement day and judgement comes after 1 year from the petition, should not that DD get expired as I think its validity is 6 months. Need an urgent suggestion. Q1. Is there any procedure to hand over my DD to court at the time of filing petition for mutual divorce to keep it till the final judgement day of divorce? Q2. Would the DD be valid if divorce judgement comes after 1 year of filing the petition for mutual divorce? Sohan Bhist.

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3 Replies

abhijeet (Executive) 05 February 2014

Dear Sohanbhist, to be on a safer side you are required to hand over the DD to the judge at the time of final motion and the judge in turn will hand over the same to ur wife on the spot. The judgement or decision will come on the same day and you will be given a copy of your divorce, so no need to worry. if she fails to deposit the same within the prescribed time then you will have to provide a fresh DD for the same amount.

sohanbhist (Entertainer) 05 February 2014

thanx abhijit. but she demands to put my DD to court/hand over her (the DD) on the day when we will jointly file a petition for mutual divorce because she wants to get ensured. But knowing her as a greedy, I will never handover my DD to her (on the day of filing petition for divorce). So the second option is with me is to handover the DD to court (on the day of applying for divorce). But is that legal or at all permitted by indian laws to keep DD in court's safe castody? This is my question actually.

abhijeet (Executive) 05 February 2014

another option is to deposit the money to the court and inturn on the date of final motion the court will hand over the money to her by a separate cheque to ur wife. the court will enjoy the interest on the same for 6 months. Pls. contact your advocate for such arrangement and check its feasibility and procedure as all courts may not have such facility,