Mutual Consent Divorce: What if girls backout after giving money on first motion

[Raja ji]

Hi,
Recently I had a date in the court in my maintenance case. It was first date. When I went there judge has asked about MCD and both parties agree to that with no conditions.

Judge said the terms and he decided the sum as 15 lakhs which cover marriage expenses, dowry,full and final settlement, maintenance (past, present and future) and both parties agrees to that. Same is mentioned in MOU also. Girl will take all the cases back and 498a fir quashing before second motion.

Payment will be made in two installments half on first motion and remaining half on second motion (after six months).

Cases are running in Haryana
In MOU signed, it was mentioned that boy will deposit this money to girl in form of DD
Question arises:

1) We don’t want to pay this money to girl before signing on second motion as we have heard and read the cases where girl do not appear in second motion. We are ready to deposit the 7.5 lakhs in the court but our lawyer said in Haryana it does not work like this.

We have asked our hometown lawyers and read in the online forum that you need to deposit it in the court and there is no need to give it to the girl as there are chances that girl may back out and then you need to fight more cases(restoration case). We don’t want to stuck in all those litigation now, precaution is better than cure.

a) Is it true that in Haryana or in some states we can not deposit money in the court during first motion? What we want is to deposit this money to court, it will lie with the court till signing off second motion. Is it not possible?

Law should be same everywhere…
b) Can we request to court or Judge to deposit this money at court?
c) If court says yes than can MOU be updated?
d) if it can be deposit in the court then DD has to be made on which name? Court name? Judge name? Treasury ? who?

Experts please help me out here with details

2) In case court does not agree for deposit then what else we can do?

a) if we back out from MCD, what will be consequences?

3) Terms mentioned are marriage expenses,dowry, full and final settlemnt and maintencance, does this cover all? or do we need to mention all like (streedhan, property etc etc)

kindly reply

[Dr. Ashok Dhamija]

See, the MOU is as per the consent of both the parties. You have said that both parties agreed to the MOU. Whether the terms of the MOU would be honoured or not, is a question that has no legal answer. It depends on the parties concerned and their good faith. Nobody can guarantee that a party will abide by the terms of the agreement or MOU. There are a large number of matters where people do not fulfill their obligations under the agreements they sign.

In fact, the other party may also feel that if the full amount under MOU is to be paid at the time of the second motion, and if such payment is not made, then such other party would suffer. As you have mentioned the other party also has some obligations like withdrawal of the cases, etc., which may have to be fulfilled before the second motion.

In any case, MOU is as per the consent of both parties and if you do not want to agree to the MOU, then do not sign it.

It is possible for you to move the court for depositing the first installment in the court instead of giving to the other party. The court may or may not agree to it, but you can make a request. There is no hard and fast rule or any provision of law in this regard. It is all a discretionary power of the court (or, may be, as per the agreed terms of your MOU).

In what name the DD has to be drawn if the amount is to be deposited in court is a hypothetical issue at the moment since the court is yet to agree to it. In any case, if the court agrees, it will tell you in whose name the DD has to be prepared.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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