• Reply to divorce notice

I have got a divorce notice from my wife on forth week of March 2019 ( around 25th March 2019). As per notice I have to appear at the family court Trivindarum on 25th June 2019. I have appeared the court on 25th as per the order, but my wife, the applicant not appeared and court asked for appearance on 26th September 2019. But after appearing the court, people from the applicant's advocate came to meet me and my advocate and we can try for a joint application settle the case at the earliest. They wanted me to deposit an amount to my daughter's name as one time settlement. My wife do not want any money for the divorce. My question is whether the said deposit in the child's name as one time settlement is legally valid in the Indian Law under Hindus Marriage Act? They told if I made the fixed deposit I do not have to pay monthly payment for the child expenses. Is it a legally valid agreement for Joint application for the divorce in India?
Asked 6 years ago in Family Law
Religion: Hindu

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25 Answers

You can make joint application for conversion of existing divorce petition into divorce by mutual consent 

 

2) consent terms can be entered into for payment of x amount in full and final settlement in name of daughter 

 

3) the consent terms would be binding on parties

 

4) wife is always at liberty to make application for alimony later 

 

5) you will not have to make any further payment towards child 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Don't go for settlement amount let court decides if the settlement amount is not in your control as of now.

 

If it's in your control than you can deposit a fixed deposit amount on your daughter name and mention no monthly maintenance, alimony etc will be given by you to your wife and daughter.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

A husband is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.In mutual concerned divorce, the parties  be mutually agreed upon in the petition for Divorce by Mutual Consent:

 

  • Firstly: Custody of child;
  • Secondly: Alimony (lump sum maintenance to be decided between parties);
  • Thirdly: Returns of items (dowry, streedhan, etc); and
  • Fourthly: Litigation expenses.

 

A minor child is entitled to get maintenance from the father if during the divorce preceding the custody of child has been awarded to the mother or otherwise also. But the recent judgment of the courts says that major child whether daughter or son is also entitled to get maintenance from his/her father if they are dependent on their parents. Dependency on parents means that they are not in a position to earn themselves either because they are studying or due to any disease. They can claim maintenance in future for their education and marriage expenses under the Hindu Adoption and Maintenance Act, 1956.

 

In your case, your wife given up the alimony and future claims. So it is not easy to claim a maintenance amount in future.  Made a written memorandum of understanding between the two parties about the terms of the settlement is good and make it as a part of the divorce decree. The terms are binding on parties.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

Yes you can deposit the said amount through a settlement through court also.  It's valid

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes, there is nothing wrong in depositing the settlement amount in the bank account of the child, as long as that's all your spouse wants in lieu of mutual divorce.

In case you too wish to move out of this marriage and get separated, you may ponder upon the offer of your wife.   

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

In this case, since the custody of minor child is to be taken by your wife, she wants a certain amount for child expenses in the shape of FDR in the name of your minor daughter. It may be one of the condition for joint application for divorce by mutual consent. Get this term incorporated in the application and deposit the FDR before the court.  You may give the FDR in two installments, firstly at the time of First Motion and Secondly on the Second Motion.   It is not an agreement, it is mutually agreed term for mutual divorce.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

01. See if you go for mutual settlement with your wife and wife waive of right of maintenance/alimony and you are settling one time maintenance for the daughter so it is legally accepted. You your wife can make a Memorandum of settlement and can file for mutual divorce. 

Yes it is legally valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, it's legal,

you are advised to draft an MOU and submit the same in the Court during Mutual Divorce, which is the most essential and important part of a Divorce case to avoid future legal complications,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

No, mother settlement for child maintainance not binding on child and child can claim maintainance till 25 years of age.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

file a mutual Divorce Petition and for one time alimony Exexute  MOU for the same and get registered the Document, and file the same before the Hon’ble Court of Mutual Divorce by stating that, the alimony issue has been solved between the Parties by one time settlement alimony MOU agreement.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes it is binding on child as the same is filed before court. They can't claim it again

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes it is the legally valid document and you can make a FD in favour of the daughter and get the matter resolved

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since the daughter is a minor therefore the mother would act as the guardian of the minor and any agreement entered onto by her will be a valid contract. Further if you mention such condition in the memorandum of understanding between you and your wife and thereafter file a petition for mutual consent divorce the same will be a valid mutual divorce

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you both agreed to the terms of maintanenance amicably in your agreement MOU and thereafter she is bound by the agreement and cannot file maintenance under section 25 Hindu marriage act or Section 125 of Cr.P.C.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you don't want to live together then finish it off by mutual consent ( joint application)

For your children you can deposit at will and nobody stopping by you. 

After divorce, they cannot claim maintenance unless there is any term in this regard. 

make MOU you as part of the settlement deed between you and your wife and make it part of these judicial proceedings then it will be difficult or nearly impossible for your child and wife to claim anything from you at later stage.

Gopender
Advocate, New Delhi
383 Answers

wife can always claim maintenance later if she is unable to maintain herself on account of changed circumstances 

 

further maintenance can be claimed for child if his expenses have increased 

 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

No they cannot if they go for same it can be contested. No it is not but since wife is guardian and reciving as his maintenance then it can be made binding on her,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No need to make MOU. Make terms of MOU as part of petition for divorce with mutual consent.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

No, nothing can be claimed by your wife, since she will be bound by this MOU.

As regards to the child, he/she could still claim maintennace from you in future on the basis of the changed circumstances. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Both can claim maintenance. Such MOU even being part of court order not not binding on them.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you agree for the settlement and out of court compromise for mutual consent divorce then you may enter into a MOU in this connection and get the same made as part of the decree to be passed by the court concerned.

Once this becomes part of the decree or judgment then you need not be worried about the future claims in this regard

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Once this MOU is made part of the decree then they may not be able to claim any maintenance in future on the basis of the decree and judgment of court in this regard

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The child is only minor now. So the a contract between you and your wife is not at all binding on the child . But the contents in the contracts satisfy the requirements of child it will not affect the contract. Even though the child can claim maintenance from both parents. Normally a lumsum amount is  deposited as fixed, then its interest will maintain child day to day expenses. 

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

  1. As per the information mentioned in the present query, makes it clear that she has already filed divorce petition.
  2. And now wish to settle the matter and for which you
  3. have also rightly though for execution of the MOU, but for the same First would advice you to ask the wife to withdraw the petition.
  4. Once she does that then you both can go for the mutual divorce and then wordings in the MOU will be biding on both the parties.
  5. If it will be stated as one time settlement for both child and mother then no one can claim any further amount.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client 

Yes it is legally valid you can deposit the money at child name. 

Yes you may not have to pay monthly maintenance in case you make FD of enough amount so that its monthly interest fulfills your child needs. 

Your wife cannot claim maintenance if she give up her right in Mutual consent divorce.

But your child may seek maintenance in future depending on monthly expenses.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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