we settled the matter for 8 lakhs and ready to take mutual divorse, but Here her lawyer is insisting me to give a post dated cheque and it will be with court only till the final hearing is done, is it correct? will this happen with court? or he is trying to fool me ? and he is saying that we have to give a proof or security to the above agreed amount, other wise the judge will not consider it is this happens in court ? please advice i have to answer the advocate on this... please help me.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1. Yes, it indeed is a method of settlement. You can draft acknowledgement receipt for that payment and take signature of other party and keep it with you. Every process has to be done in court in front of the judge.
2. You don't have to give any kind of proof of security.
it is better if you pay it at the time of 2nd motion in front of judge
Do not give post dated cheque. File a mutual divorce petition, in the Petition you make the statement that you agree to pay certain amount. and after the mediation, in front of the judge, at the time of dissolution of the marriage pay the amount in cash or through D.D.
There is no rule to pay amount in advance to approach the court for mutual divorce.
repeated query already replied
Thank u all for the solution. But my problem is not solved they are not agreeing with out PDC, and they are trying to file a case on me and family members and my advocate is saying let them file case, we will contest. Please advise me what all the cases she can file on me. How to come out of this. Please advise me in right direction they have given me 1 lakh and they are demanding 10 lakhs.
if your wife files cases on you and your family members contest it on merits . they can file 498A fo dowry harassment , DV case , case for maintenance under section 125 Cr Pc etc
Do not be afraid of the other side. Let them file any no. of false suits, face them and fight them on merit. Do you have any proof of Rs.1 lakh dowry. If they are asking for increased amount, inform them that giving dowry also is equally criminal activity.
Thank you all. She is filing criminal cases on me, like attempt murder and saying that I had a doubt on her verginity(in the file she mentioned that I asked her about verginity on the first night) and mental harrassment etc.. Will court and police will consider all this with out any proof? Pls help me
your wife has to prove her allegations in court . if wife states you attempted to murder her did she lodge any police complaint immediatedly .
whether she is relying on medical certificate to prove nature of injuries .