1. You may have to intelligently play your role now stating that you will handover all the items during first motion,  but you hold back the jewels on the first motion and return the car alone. 

During second motion,  if she withdraws all other cases then you return the jewels and handover DD for the agreed amount. 

If there are still some cases pending you may just give her a photocopy of the DD and handover original later on when everything is finalized. 

2. If she is backtracking from mutual consent divorce then you can file a contested divorce by converting this case.  

3. If she has agreed to withdraw all the cases then you can put pressure on her to take steps to withdraw everything before second motion,  if it is not possible then you can take an adjournment of the second motion to accommodate her steps to withdraw all the cases by then. 

Nothing be paud at first motion. Some articles should be given in court in second motion after recording of statements of parties. Rest articles and cash be paid when she withdraw her other criminal and civil cases or if FIR are registered then at the time of withdrawal of her criminal cases in high court. 

Pay cash at time of second Motion only 

2) don’t make more than 20 per cent payment at time of first motion 

Withdraw all cases before send motion 

1. It is safe to make agreed payment only after final appearance.
2. Time gap between first appearance and final appearance is for parties to decide whether to proceed with divorce or not. It cannot be ensured that any one of the  parties will not backtract.
3. Complainant is at liberty to decide but you can insist for withdrawal before final order in MCD.
4. You can deposit agreed money in escrow account where payment is made only after final settlement.

In a mutual consent divorce, everything should be clearly written in an agreement  and submitted to the court. You can return gifts (like a car or jewelry) during the first motion and pay part of the agreed cash amount at this stage, but keep the remaining payment for the second motion and final divorce decree to ensure both sides follow through. The agreement should also include a condition that your wife and her family withdraw all cases they have filed against you before or at the time of the first motion and proof of withdrawal should be provided to the court. To avoid your wife backing out after the first motion, include a clause in the agreement that both of you are legally bound to proceed to the second motion. Engage a lawyer to ensure the agreement is clear, fair, and enforceable under the law.

1. Wait till second motion.

2. She has to be informed about the legal consequences.

3. At the time of filing the petition.

G.Rajaganapathy

Advocate

High Court of Madras

1. Payment and Return of Items in First Motion

• 
  Gifts (Car, Jewelry, etc.): It’s fine to return these during the first motion if agreed upon, as it shows good faith.
• 
  Cash Payment:

  • Pay only a token amount at the time of the first motion to secure their commitment.
  • Hold back the majority of the agreed sum for the second motion and the final divorce decree to ensure compliance.

• 
  Document It: Ensure all payments and returned items are documented in writing and signed by both parties.

2. Preventing Backtracking After First Motion

• 
  Settlement Agreement: Draft a detailed Memorandum of Understanding (MoU) or settlement agreement specifying:

  • Withdrawal of cases by your wife.
  • Return of gifts and payment terms.
  • No further claims post-divorce.

• 
  Clause for Consequences: Include a clause stating that if either party backs out after the first motion, the aggrieved party can seek legal remedy or restitution of what has already been exchanged.
• 
  Notarization: Get the MoU notarized or filed in court to add legal weight.

3. Withdrawal of Cases

• 
  Timeline for Withdrawal:

  • Ideally, cases should be withdrawn before or during the first motion.
  • If withdrawal after the first motion is agreed upon, ensure the MoU clearly states the timeline.

• 
  Court Monitoring: For cases already filed in court, your wife’s advocate should move applications to withdraw the cases immediately upon filing the first motion.

4. Additional Safeguards

• 
  Legal Representation: Engage a skilled advocate to ensure your rights are protected.
• 
  Court Oversight: Request the court to record the mutual agreement to prevent backtracking.
• 
  Token Payment Strategy: Break down cash payments into parts:

  • Small token amount after the first motion.
  • Remaining amount only after second motion is filed and accepted.

Summary

• Pay only a token amount after the first motion and reserve the majority for later stages.
• Ensure all settlements and agreements are documented, signed, and notarized.
• Push for withdrawal of cases before or during the first motion.
• Include a clear clause for consequences if your wife backtracks.

For personalized guidance, consider a phone consultancy. Hope this helps. If you could spare two minutes to write a review, it would be greatly appreciated. Thank you!

1. at the time of second motion and passing of decree

2. take an affidavit from her that she has received the car, jewellery etc at the time of filing of 1st motion 

3. simultaneously or immediately after passing of divorce decree

Dear Client,

It is very important to draft the settlement agreement with all terms and conditions, even returns and payment schedules, including withdrawal of any case for mutual divorce to ensure your wife does not go back. So it would be wise to return the car and jewelry at the first motion and retain the remaining cash settlement for the second motion and final divorce decree as a hedge. Ensure that all the cases filed by your wife and her family, which include criminal complaints, are withdrawn before or during the first motion and that this is clearly stipulated in the settlement agreement. In case some matters still remain unresolved, ask the court to continue the process until compliance is done. Seek the assistance of an attorney to reduce the settlement agreement into a legally binding writing and follow the proceedings to protect your rights and obtain a final resolution.

Hope that this helps you to solve your problem.

You can ask her to make a MoU for MCD. So you can point out all the above points whatsoever you had mentioned above in your favor.

1. Never pay any cash... Use only cheque. 

2. To ensure with her with written statement in first motion plaint. Means you should mention everything  you are returning with details. 

3. Yes they have to withdraw all cases before 2nd motion. Even this is your lawyers skills and responsibility to ensure for that. 

You have to choose your lawyer carefully in this matter. 

Let me know if you need any assistance for the same. 

FAMILY LAW EXPERT!! 

ADVOCATE

DINESH KUMAR 

Case can be withdrawn after filing of the first motion; but before the second motion is applied for. Thus, there is 6 months period to do this exercise.

To prevent her from backtracking, withhold substantial amount/quantum of her emoluments and schedule them for the second motion 

1. You should enter into an agreement with her before filing the first motion , and submit the same with the petition before the Court , and even you can refer the matter before the medication cell for the said agreement/settlement. . 

- Further, you can pay the agreed amount in three phases , i.e. return the dowry at the time of first motion , pay some amount in the second motion and final payment at the time of withdraw of the cases filed by her. 

2. She can back track after first motion , however if you will enter into an agreement then in case of backtrack it will go against her , and you may get divorce easily. 

3. As above 

Theee js no such precautions but if thee is any court order she is defying you can take action against her