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Questions related to Demand Draft
03-Jun-2026 (In Divorce Law)
Counselor verbally demands DD and belongings by June 13 (2 months early). Options: DD in Court’s name 2 months before, or Wife’s name 1 day before.
1. If I make the DD in the Court's name, how many days before the final hearing must I give it? How much can I delay it? Is it safer than the wife's name so she doesn't run away with it during lunch break without signing?
Can a counselor legally force early payment verbally? Can I insist on giving the DD only at the final hearing before the Judge?
A counselor generally cannot unilaterally alter settlement terms or compel early payment through a verbal direction; the exact position depends on the court order, settlement terms, and local court practice. I can help you assess the safest way to handle the DD and protect your interests before the final hearing.
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Adv. Kartavya Sunil Ostwal
Aurangabad, Maharashtra | 5+ Answers
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Dear Sir/Madam,
In the absence of any specific Court order or written settlement term, a counsellor cannot legally compel advance payment merely through verbal directions. You are entitled to insist that the Demand Draft be handed over only at the time of the final hearing before the Learned Judge, simultaneously with compliance by the other party. This is generally the safer course and adequately protects your interests. There is no legal requirement to hand over the DD two months in advance unless expressly agreed between the parties or directed by the Court.
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Adv. Devashish Dilip Wani
Mumbai | 25+ Answers
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If the settlement terms in the Mutual Consent Divorce Petition or Court Order provide that the Demand Draft (DD) is to be handed over at the time of the second motion/final hearing, neither the counselor nor the opposite party can unilaterally alter those terms merely through a verbal demand. Any demand for payment two months earlier has no binding legal effect unless both parties consent
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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A counselor's verbal demand is not binding. A Demand Draft made in the Court's name is considered a safer option, as the funds are held by the court until finalization. You can insist on providing the DD only at the final hearing before the Judge. Contact your lawyer immediately.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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In general, a counselor/mediator does not have the authority to unilaterally change the payment timeline set by a court order, settlement agreement, or mutual consent terms. Whether you must pay before the final hearing depends on the exact wording of the settlement and any court directions.
Some practical points:
If the settlement says payment is to be made at the time of the final motion/hearing, you can usually take the position that you will comply according to those agreed terms.
A verbal demand by a counselor to pay earlier than agreed is not necessarily legally binding by itself.
Whether a DD should be prepared in the wife's name or in the court's name depends on local court practice and the terms of settlement. Different courts handle this differently.
If your concern is that payment could be taken without the other side fulfilling their obligations (for example, signing documents or appearing before the court), that is something you should discuss with your advocate. Often lawyers structure the exchange so that payment and compliance occur simultaneously before the court
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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