• Divorce settlement

My wife and I have mutually agree for a divorce.
Current status of affairs are 
1. Been married for 16years
Have 2 kids, Daughter aged 16 studying in 12 the class and son aged 7 years in 2nd class.
2. Living in a flat purchased in October 2013. All payments including initial deposit and monthly EMI of Rs 31673 are paid by me.
3.Total Loan outstanding other than House loans in monthly EMIs are Rs 32600.
4.Total take home post deducted of EMIs are Rs. 43000.
5. On an average I transfer Rs 25000 to her account for household expanses including .
6. She is in company of rich friends whose life style I am unable to match.
7. I also pay for the school fees and the kids expanses.
In fact I have been supporting and paying for all our financial needs.
We have mutually agree to divorce each other and what I plan to mutually agreed on is.
1. I will sell the flat and after settling all our debt will divide the balance amount equally.
She is moving to her mother which got retired and is a widow with large pension of her and her late husband.
2. I would like to pay her Rs. 25K per month and education fee for my children subject to not more than 12000 per month.
My queries are.
1. Post Mutually agreed divorce
Can she claim for more money....
2. Do I have to still pay her 25 k permonth if she decided to get married.
3. Do I have to pay her 25K if the kids are willing to come to me.
4. Can she at any point of time decide to put a dowry and domestic violence case against me.
5. How long I have to pay the alimony.....

Kindly help me, as I am deeply stressed and some time feels that I am better of dead than starting a new life.
Asked 7 years ago in Family Law
Religion: Hindu

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15 Answers

1) wife can claim more money if expenses have increased and she is unable to maintain herself

2) if she remarries you don't have to pay wife maintenance

3) if kids are willing to stay with you then you don't have to pay her 25000 per month . You only have to pay her maintenance as agreed upon

4) after divorce no DV case is maintainable

5) alimony is lump sum payment

6) maintenance is payable per month

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

1. Once she accepts the condition then she can not claim more money.

2. If the circumstances changes then you can stop the payment and also you can file a case to get the custody of children.

3. Yes you will have to pay her the money if the kids are willing to stay with you.

4. No, please make a specific clause in the condition wherein neither party can file a case can future. And then if she files a case you can get it dismissed on basis of this condition.

5. You will have to make a mention of thid in the deed.

It is good if you pay her for once and all, and also do not forget to make a mention of visitation rights in the mutual consent terms.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Hi,it is better to go for one time alimony as a condition for mutual divorce .. Prepare a MOU ( memorandum of understanding ) settling and mentioning final claims , and also in written that she has settled all claims and will not initiate any civil/ criminal proceedings in future .. 2) after mutual divorce she will be bound by her statements by MOU and will not be able to clAim anything in future .. The MOU shall also be having details for custody rights of child ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. if she remain without emloyment and unmarried then your liabkity tomaintain her cntunues till her last breath.

2. Once she is remarried your liability to maintenance ends.

3. Custody of children has nothing to do with her maintenance.

4. After divorce 498A case is nomoepossible byut she cna filemaintenance case anyway.

5. Refer to my answer no.1.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
524 Consultations

Hello,

1) Payment of 50%of the sale proceeds of the sale of flat to wife is is a reasonable proposal.A question as to whether this will suffice her to buy a home will arise though. If both are agreeable none can complain.

2) Either fix the amount of children's educational fee or undertake to pay the whole fee to avoid confusion. Mutually discuss and reach consensus about where to educate them.

3) Once she agrees for an amount after mutual consent she cannot claim anything more. The children can claim a maintenance until they turn major.

4) Maintenance to wife cannot be confused with maintenance of children. So even if you get Custody of the children you are liable to pay the maintenance to wife.

5) Once the mutual consent petition is ordered agree can't make a complaint of domestic violence or dowry harassment as these conditions will be covered in the consent terms.

You will have to continue to pay until she remarries or dies or able to earn herself. What you can do is also to pay a one time lumpsum

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

Hello,

1) The matter what be decided on merit by court. A mutual consent divorce will not occur then. The divorce will have to be contested.

2) No. Period of separation needs to be uninterrupted and continuous.

3) Of the flat is registered in her name she can ask you to vacate. She has every right to the flat as long as the document is in her name.

4) You need to present your version to the court. She is liable to prove her allegations in the court with substantiating evidence.

5) Your change of circumstance dues not absolve you from liability to pay what is agreed on.

6) Until the chill is a major.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

1. Then MCD will not be filed and you are advised to go ahead and file a contested divorce.

2. It will not be, but you can file a divorce petition after stating all these facts.

3. Yes she will have a right in your self aquired property.

4. You will have to file appropriate rwply in order to negate the same.

5. You will have to pay for child maintenance until her marriage and until boy attains majority.

6. You will have to pay maintenance under all the circumstances.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

1. There are instances that post MCD, maintenance has been applied for and directed to be paid.However, you shall have to draft a full proof MOU in connection with your said MCD petition to e filed jointly by both of you.

2.No. If she remarries or takes up employment, she ceases to claim maintenance from you any further.

3. that Rs.25 K is the amount you have agreed to pay her and Rs.12 K is to your kids. You won;t have to Rs.12 K for your children's expenses if they start living with you.

4. Yes, she can s per law for which you shall have to get the MCD petition very carefully drafted mentioning that there has been no harassment on her and you had not taken or demanded any amount or article towards dowry.

5. Till your wife dies or remarries and till your children becomes adult and married in case of daughter only).

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

1) in case you refuse to accede to her demands she has to make out a case for grant of divorce and maintenance from you

2)if you are staying in separate bedrooms it would be regarded as separation

3) file declaratory suit that you are abolsute owner of flat as all EMI are paid by you

4)wife would not have any rights on flat if you obtain decreefrom court

5) you can apply for modification of maintenance amount if you lose your job

6) you have to pay child support till your children start working

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

1. You are not supposed to pay her any extra amount unless directed by the Court and if she files any application praying for increasing the alimony, you shall have ample scope to contest her said application before the Court.

2. No. For filing MCD, you should stay in separate houses for at least one year, However, if both of you state in the MCD petition with evidence that she or you left the house before one year then the Court will not caste any doubt on your said statement. If it is a contested divorce petition then both of you can live even in the same room before and after filing the petition.

3. The flat is owned by you for which she can not legally order you to vacate it.

4. You shall have to pay the agreed amount affirmed before the Court as term for her taking divorce from you. it is not depended on your staying in service or getting retrenched from employment.

5. You shall have to pay for your son till he becomes adult and your daughter till she is married.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

1. It will be prudent on the part of both of you to jointly file the MCD petition which will be decided within 6 & 1/2 months from the date of its filing.

2. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

My queries are.

1. Post Mutually agreed divorce

Can she claim for more money....

If the alimony amount has been settled by reducing the same in writing either in the decree of divorce or by a MOU, she may not be able to claim more money.

2. Do I have to still pay her 25 k permonth if she decided to get married.

You need not pay her any amount towards maintenance if she marries some other person post divorcing you.

3. Do I have to pay her 25K if the kids are willing to come to me.

The maintenance is for her and not for kids.

4. Can she at any point of time decide to put a dowry and domestic violence case against me.

After divorce, any such case is not maintainable or tenable in law

5. How long I have to pay the alimony....

Till the time she is alive or getting remarried

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

1. You can refuse the hike, let she approach court and seek remedy through court, you can challenge her case in court accordingly.

2.Living together under the same roof but living separately is acceptable in law.

3. Since the property stands on her name, she is the absolute owner of the property even though you have funded the purchase and have been paying the EMI loan repayments.

She can file an eviction suit against you if you do not vacate

4. The domestic violence and cruelty are different subjects, the divorce case is a different subject.

5. Yes the agreed amount has to be paid, but yo can claim excuse for this on the said grounds.

6. If it is a male child then till it becomes major by age and for female children till they are getting married

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

Dear Querist

My opinion on your queries are as under:-

1. Post Mutually agreed divorce

Can she claim for more money....

Opinion:- after mutual divorce she can not claim any thing from you but before going to file mutual divorce it will be better to execute a memo of understanding or compromise/ settlement deed with her and all the condition should be mentioned in this agreement and this agreement should be the part of divir e petition.

2. Do I have to still pay her 25 k permonth if she decided to get married.

Opinion:- it should be mention that you will be responsible to pay the maintenance only till her remarry and stop the payment immediately after her remarry.

3. Do I have to pay her 25K if the kids are willing to come to me.

Opinion:- it should also be mentioned in mou/ settlement, means all the terms and condition should be mentioned in that agreement and if you want to draft an agreement then you can contact over the phone after paying the consultation fee.

4. Can she at any point of time decide to put a dowry and domestic violence case against me.

Opinion:- after divorce she can not.

5. How long I have to pay the alimony.....

Opinion:- as above, till her remarry or as per agreement.

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

1.What will happen in the event where she asks for more money and I am not agreeing.

Opinion:- then you may file a contested divorce case against her before family court based on cruelty under section 13(1)(ia) of Hindu marriage act.

2. Currently we are staying in Jalandhar and Is am also coming to stay after every fortnight for 3-4 days. However we did not have any physical relations, jointly do duties related to children and sleeps in separate room since last 6months.

Will this be agreed as period of separation.

Opinion:- yes, it can be

2. I have purchased the flat where currently we are residing.

I have registered the flat in her name, however had paid and is paying EMIs of home loan.

Can she order me to vacate, or in the event of a contested divorce, will she have any right to the flat.

Opinion:- you may file a civil suit for declaration and also try to get stay on That flat from civil court as you paid thr emi or presently paying

3.If she decided to contest the divorce, what should I be doing in the event where she alleges domestic violence and mental cruelty.

Opinion:- fighting the cases on merit is only option you have.

4. What happens if I lost my job during the period of divorce whether contested or mutually agreed. Do I have to pay her the entire amount as agreed.

Opinion:- if the divorce is contested then order can be changed regarding the maintenance otherwise as per Agreement.

5. Up to what age I have to pay the child support....

Opinion:- for boy till he attention the majority I.e. 18 years, in case of girl, till her marriage.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

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