Legal Question in Family Law in India
i am undergoing a divorce case and have agreed to pay 10 lac draft in front of court on first motion, party is asking rest 15 lac on second motion. I have a doubt that they are froud and they will take 10 lac on first motion and will not turn up for second.
In such case what should i do, or what claw i should include in my legal draft so that they can not run away with my money without settleing the issue.
3 Answers from Attorneys
yes, they may back out during six months gestation period. in this situation, you may request the court to deposit both the drafts with itself with a condition that both the drafts be released only after statement in second motion is recorded and divorce is granted. in case the court agrees to such a condition, you may go for it but there should be a specific court order to this effect that both the drafts would not be released to the wife before the divorce is granted. you gotta be very careful in this transaction or u may end up losing your money and freedom.
Your statement is unlcear on material facts. If the payment is towards return of her 'istridhan' you may not be entitled to put any conditions. On the contrary you need to make the payment immediately alongwith an unconditional apology to avoid your criminal prosecution.
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