- Wife has not right give any undertaking with regard to forgoing maintenance expenses of minor son. She can only speak for her not for minor.
- Add a clear clause, “Wife hereby relinquishes her it to claim any alimony and future maintenance. ”
- “Father will pay Rs. 55L towards maintenance of child.” As and when she claim any additional maintenance, she has to establish in the Court as to how she spend the 55L and what and why further maintenance is required.
- The problem is that father is bound to pay maintenance to son irrespective any agreement to the contrary with mother till the son reached age of 18 years.
Query regarding child maintenance clause in mutual divorce petition
We are going for a mutual divorce after 13 years of marriage. I am giving one time alimony to my wife and a lump sum amount of 55 lacs for child maintenance separately. The petition clause says: "55 lacs for child maintenance and all future expenses and the wife relinquishes all her rights to claim any further maintenance for herself or for the child" However my wife's lawyer wants me to remove: 1. "for child maintenance and all future expenses" section, because as per her lawyer I should write "55 lacs for the child" only although I am giving the money especifically as child maintenance, education and all other expenses 2. the part that wife is relinquishing all her rights to claim further after divorce for herself or for the child So I want to know: a) if I mention only "55 lacs for the child" and remove "child maintenance and future expense" and also remove "my wife relinquishes her rights to claim further", can I defend any further claim from my wife on the basis of "55 lacs for the child" clause only? b) if there is anything additionally I can do to prove that I gave that money only for child maintenance and all future expenses? c) in case my wife further claims any maintenance for herself or for the child, can I request court to ask for her ITR which can show her financial status and how much savings she actually has which she can very well spend to care of my child after she has wasted that 55 lacs for her own luxuries and expenditure? d) because of such clause, can my wife further claim from my future property or assets after divorce for herself or for the child?
Asked 4 years ago in Family Law
Religion: Hindu
7 Answers
Wife is always at liberty to claim alimony later
2) Rs 55 lakhs is sufficient for child maintenance
3) it should be placed in fixed deposit in child name
4) you can request wife to produce her bank statements,ITR
Hi, it is better you can incorporate sum of Rs. 55 lakhs for the maintenance of the child and your wife and child will not claim any amount for past, present and future maintenance. So that they can't claim maintenance in future.
a) "Rs.55 Lakh for child maintenance and all future expenses" is a better choice than 55 lakh for child , otherwise she
can claim more expenses in future on the name of child when your status of income will change.
b) You should clearly mention that you are paying amount to the sum of Rs.55 Lakh for the child maintenance and his
education expenses etc., and in future neither your wife and nor child will claim in maintenance etc. in future.
c) Yes ,
d) There should be clause that after getting the divorce mutually , we both will be alien for each other , and either of us
will have left no claim or relation in the form of money or property , and further wife & child will have no right to claim in
the income and property of first party i.e. husband.
you need to put a condition in the consent terms that after this settlement she will not claim any maintenance from you in any forums
1. Firstly your wife cannot relinquish the rights of your minor child by any such undertaking, she has no rights to do so, the child would claim the amount after becoming major by age ignoring the fact that the mother has already availed the same, because he can very well deny to have received the same and moreover she cannot deprive the child's rights during the minority of the child.
Therefore the clause that the one time settlement is made for the child alone may may not be very effective especially when the child claims once again after becoming major by age.
Now by removing the wife's name from this condition, she will become eligible for a claim for maintenance under section 125 cr.p.c. at a future stage even after divorce, hence it would be advisable;e that the present clause what you have inserted in the agreement shall remain in the same manner without any alteration to the whims of her advocate.,
2. The above answer suits this question too. You may better not agree to remove the clause at the instance of her advocate.
3. The challenge to her future claim can be decided at that time if at she returns to court with a claim in the future in this regard, based on the circumstances prevailing at that moment.
4. As a matter of fact she nor your child cannot claim any share out of your immovable or movable assets either now or at any stage in future, at least not during your lifetime.
In fact she cannot claim any share in your property after getting divorce from you even after your lifetime.
Dear Client,
We would like to know if such 55 lacs is the overall amount that you wish to pay for maintenance of both the child as well as the mother.
If it is so, then such clause deems fit and no further changes and modifications are required. The modifications as suggested by your wife's lawyer would only increase your liability to pay more for the maintenance of both the child and the mother.
You can place a plea to the Hon'ble Court for requesting your wife and verify her ITR. However, discretion on such matter shall lie on the Hon'ble Court.
Your wife cannot claim for property or assets after divorce.
Thank you.
