Legal Question in Family Law in India
Can i accept a DD for a settlement?
my husband and i are getting divorced and he has agreed to pay a lumpsum settlement of 10 lakhs but says that he will give a DD in the hand of a third party that both of us trust and once the divorce is thru which he promises me will be in 3-5 days, he says that i can encash it. i called the bank and they say that a DD can be cancelled at anytime before encashment. that being the case what is the other ways that i can ask him to pay the money to me? he is asking me to go to a different city for the divorce as he says he knows some judge etc who will do it faster. this sounds fishy to me. so i said that i would come there only after i get the money and he says what if i refuse to the divorce once i get the money. i have absolutely no trust in him paying the money if i leave the city as he will just lock up the house and change the ownership of the house from his name to a relative of his and i will be on the roads. pls. advice as to how i can finish this amicably and soon.
3 Answers from Attorneys
Re: Can i accept a DD for a settlement?
you can accept teh DD before teh Court itself and get teh same recorded which will be safer for you as well as your husband
Re: Can i accept a DD for a settlement?
The process is very easy.
If his intentions are genuine, he could deposit the money in the court alongwith his petition and make an affidavit; the court may record your statement and deliver you the money as "settlement" amount. No third party is required to be involved.
Alternatively, he may deliver you the money in advance and obtain your affidavit about 'consent divorce' and 'final settlement'.
Re: Can i accept a DD for a settlement?
Hello.
Good Morning!
You may follow the said instruction mentioned here
(a) You may ask him to deposit the money in the court itself alongwith the petition and file an affidavit pursuant to this.
(b) You may accept the DD in the court itself and get it recorded in the Court itself.
(c) There is no involvment of third parties to the same case.
(d) Its the easiest process.
In case of need please contact personally alongwith the details.
OR
PLEASE MAIL IF IN CASE IF YOU HAVE FURTHER QUERY.
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