Query regarding settlement amount in mutual divorce?

Question

Query regarding settlement amount in mutual divorce?

06-Jan-2023 (In Divorce Law)

me and my wife wants to file mutual consent divorce and full and final settlement amount is 4lakh. in this 2lakh at first motion and 2lakh at second motion in this case can we deposit 2lakh in a court and this amount is only withdraw after success of second motion is it possible or not because i have doubt in this

Answers (5)

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Advocate Sushama Mohan LawRato · Accepted Answer · 2017-01-06T20:24:14+05:30

Answer #1

Hii
If u and your wife are mutually ready for divorce and maintenance amount are also decided between you and your wife then,
When u file a case u can make a demand draft in her favour and on the final judgment of the case u can make remaining amount demand draft...
So u dont worry... It is safe

Adv. Sushama Mohan

Nagpur | 100+ Answers
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Advocate Kiran Dhanraj Kumawat LawRato · Accepted Answer · 2017-01-07T11:41:35+05:30

Answer #2

Yes you can deposit rs 200000 in court but add with a condition for other . You can make simple application to the court and say hole thing what you want . Court grant yourapplication and after that you can deposit amount . And also apply for certified copies of your application.

Adv. Kiran Dhanraj Kumawat

Dhule | 25+ Answers
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LawRato LawRato · Accepted Answer · 2017-01-07T12:46:33+05:30

This is very much possible. U may deposit partial amount with the court while filing petition for divorce by mutual consent. As a matter of abundant precaution, u better have a clause in ur petition to categorically say that the said amount may be permitted to be withdrawn by ur wife only in an event of passing of divorce decree.

U may also undertake in the petition that u shall be depositing the remaining amount of rs. 2 lacs on the date fixed for the judgment which may be withdrawn after passing of a divorce decree.

Advocate Mrutyunjay Mahendra Bhokhare LawRato · Accepted Answer · 2017-01-07T13:00:11+05:30

Answer #4

Hi yes you can deposit 2 lac on first motion and other 2 lacs on second motion. once mutual divorce is filed with consent term in it, than it is difficult for her to back off. you can also ask to pay on final order.

Adv. Mrutyunjay Mahendra Bhokhare

Mumbai | 100+ Answers
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Advocate Kirti Deshmukh LawRato · Accepted Answer · 2017-01-07T17:03:14+05:30

Answer #5

Yes when you deposit the amount you get reciept for same from court and for withdrawing the amount wife have to file application for that n when they file application u can take objection n convence the court for that but in now day mutual divorce take only 6-7 months time n once you pay amount court will passed the divorce decree.

Adv. Kirti Deshmukh

Nagpur | 25+ Answers
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