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I am an NRI, and a divorce case along with Section 498A has been filed against me. As part of the settlement, I agreed to pay ₹31 lakhs through a demand draft (DD). The girl’s side initially accepted a xerox copy. According to the agreement, both parties will file a mutual divorce petition, the 498A case will be withdrawn, and the original DD will be handed over to her in court on the day of divorce. However, the girl’s side is now demanding the original DD be given to the mediator before filing for mutual divorce. We are not willing to give it to anyone before the petition is filed. Is it safe to hand over the original DD before filing mutual divorce? How can we ensure both parties fulfill their commitments (withdrawal of 498A and filing mutual divorce)? What is the most secure and legally sound way to handle this DD or settlement amount so that both parties feel confident proceeding with the divorce process?
You should not give the original DD before filing mutual divorce. It is safest to hand it over in court on the day both parties file the MCD petition, with written acknowledgment. You can also deposit it with the court registrar or mediator officially, not privately. This ensures both sides honor the settlement and protects you legally and financially. For further legal assistance contact us on our helpline number.