Query on prr requisite fulfilment

605 votes

either you can settled the loan out of court. or Can Pay the outstanding loan amount by Wire transfer, RTGS etc.. or if you dont like to use these alternate options then just give them a promisorry note, mentition that how you will repay the loan amount, it shall be time bound, you can not write uncertain terms in the case of promisory note. hope it will be helpful to you.

Advocate Nikam Nitin LawRato

976 votes

Yes, the mediation/court may not treat post-dated cheques (PDCs) as an immediate payment or court deposit, but there is no general rule that parties cannot privately agree to PDCs for future instalments. The safer approach is to incorporate the ₹5 lakh outstanding loan and a clear monthly instalment schedule in the mediation/settlement agreement, expressly recording the total outstanding amount, due dates, mode of payment (bank transfer/cheque), and consequences of default; the settlement can also state that the divorce consent is subject to compliance with the agreed financial terms. If the court does not accept PDCs for deposit, you can retain them privately as security and make each instalment through bank transfer on the scheduled date, obtaining written acknowledgment, while ensuring the settlement agreement itself remains legally enforceable.

LawRato LawRato

968 votes

Hello, 1. Regarding PDCs in Family Court: It is true that Family Courts and mediation centers generally discourage or refuse to keep Post-Dated Cheques (PDCs) in court custody or record them blindly. The court prefers a clean, lump-sum settlement via Demand Draft (DD) or NEFT/RTGS at the time of the second motion. This is done to prevent future litigation (such as Section 138 NI Act cases) in case a cheque bounces later. 2. Legal Ways to Settle in Monthly Installments: If paying via installments is the only mutually agreed option, you can legally secure the arrangement through these steps: - Detailed MOU/Settlement Agreement: Explicitly mention the entire installment schedule, including the specific cheque numbers, amounts, and maturity dates, in the Memorandum of Understanding (MOU). - Consent Terms in Court: Ensure that these installment terms are recorded before the Hon'ble Family Court during the recording of statements. This will make the payment schedule a part of the final divorce decree. - Strict Default Clause: Incorporate a clause stating that any default or cheque bounce will invite immediate Contempt of Court proceedings, criminal liability under Section 138 of the Negotiable Instruments Act, and allow the wife to halt the divorce or revive previous legal claims. This makes the monthly payment framework legally binding, enforceable, and acceptable to the court.

Advocate Pramod Satish Mhaskar LawRato

672 votes

In a mutual-consent divorce, the settlement terms should clearly record how the outstanding loan amount will be repaid. Post-dated cheques are not necessarily prohibited merely because they are post-dated; however, the court/mediation terms and the consent terms should clearly specify the agreed payment schedule and consequences of default. If the parties agree to monthly instalments, the safer approach is to record the complete instalment schedule in writing and have the settlement/consent terms reflect the same, rather than relying only on an oral understanding. Please send the mediation/settlement agreement, details of the ₹13 lakh loan, proof of the ₹8 lakh already paid and the proposed instalment/cheque arrangement on WhatsApp for detailed examination. After reviewing the documents, the repayment terms can be structured properly so that the remaining amount is legally documented and the divorce settlement is not adversely affected.

Advocate Sanket Ganpat Khamkar LawRato

505 votes

Court doesn’t have to do anything with PDCS as long as both the parties agree on the consent terms ask your advocate to work on this.. courts aim is to mutually end your marriage on agreed terms and call it a divorce that’s all sir..

Advocate Parth S Barot LawRato