• Wife relinquishing her rights to claim any further maintenance post mutual divorce

Me and my wife are going through mutual divorce. Have a 7 year old kid. The one time settlement amount including money for wife and child has been settled to 60 lacs. 

I have question regarding the clauses in draft petition that is getting filed.

It has been written in petition by wife's lawyer that after this 60 lacs one time payment, wife will not claim any maintenance for herself and/or on behalf of child in any situation whatsoever in future.

However I also wanted her lawyer to write that wife is "relinquishing her rights to claim any further money in future" but her lawyer is not writing this "relinquishing of rights" point.

Hence my question is - 

1. Will her lawyer's point that wife will not claim for herself or on behalf of child is enough to save me from any further demand of money after divorce, say after 5 or 10 years?

Or

2. Is it necessary to put my point as well that wife to relinquish her rights to claim along with her lawyer's point? 

Or

3. Is it safe to write any one of these two points instead of writing both the points on petition?
Asked 26 days ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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17 Answers

Clause in consent terms enclosed to petition that wife will not make any claim for maintenance should protect your interests 

 

After divorce wife cannot claim any share in your property 

 

if it is ancestral property your daughter can claim share in ancestral property 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

1. Once a settlement is reached for a one-time payment, she cannot raise the issue later.

2. If she says she will not claim, it amounts to relinquishment of her right, though not specifically worded so.

3. Yes, it is the court order that matters finally. Please request your counsel to ensure that your interests are adequately protected.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

1. Relinquishing her right will arise only if the wife has inherent right over the movable and immovable properties of the husband. If wife is also a joint owner with her husband in the property, then only, at the time of divorce, she can relinquish her right in favour of the husband by executing a Release Deed in the jurisdictional Sub Registrar's Office, relinquishing her right in the joint property.

2. Therefore,  wife can't claim for herself or on behalf of the child, if the alimony is paid through DD and an acknowledgement for having received Rs. Sixty Lakhs by her is obtained by you. 

Shashidhar S. Sastry
Advocate, Bangalore
3875 Answers
234 Consultations

5.0 on 5.0

Dear Querist

There is no difference, she can claim amount even after divorce too. in case she is unable to maintain herself after divorce from you. Even if there is a written document or court order that the wife had already relinquished her right then also the court may grant maintenance to her as maintenance law is based on social obligation and husband is bound to pay maintenance.

 

It will be better to draft a settlement with condition that an amount of Rs. 30 lacs is for child and that amount shall be deposited in the form of FDR in a nationalized bank and the interest amount can be used for the upbringing of the child.

 

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
6140 Answers
292 Consultations

4.9 on 5.0

1.Yes in settlement terms you can mention while divorce

2. Yes

3. Write both

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

1. Your wife can mention that she shall not claim maintenance amount in future fr herself alone, there is no necessity to draft the agreement with the words 'relinquishment  of rights' 

The word one time settlement would be sufficient. 

However she cannot relinquish the rights of her minor child , because the child can claim its rights after it becomes major by age. 

2. Not necessary.

 

3. Read the above answer in point one. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Dear client, 

As per the agreement, they can not and the relinquishment of rights to claim money is usually not written as it is implied from the other terms. 

Thank you

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

- You can mention the clause that after mutual divorce and payment the amount of Rs.60 lac to the child , neither wife nor child after becoming major will have not right of claim in the property of any type whether self acquired or ancestral . 

- Further , wife will have no right to claim any amount in the form of maintenance/alimony , and she will have not relation /contact with her husband and both the parties will alien for each other . 

- That both the parties shall not file any complaint/ suit / case etc. against each other before any court of law or any authority i.e. police etc. against each other, and wife will not claim any maintenance or anything from the second party.

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

You can make anything out of both

You can object to the said document

Yes it will harmful

There are other ways to secure not this

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

Application can be made to family court for amendment of consent terms wherein clause can be added that on your demise your assets would devolve on your child born out of first marriage 

 

2) no need to bow down to pressure tactics 

 

3) refuse to execute any such document sought by wife 

 

4) it would affect your second wife and children born out of said marriage adversely 

 

5) if you execute will that will can be challenged by your child on your demise 

 

6) it is true that no girl will agree to marry you if there is a clause mentioned in your divorce decree 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

1.  Execute a WILL bequeathing your property to your kid. You can execute WILL any number of times during your lifetime.

2.  Court will not allow any attachment of this sort to the main petition.

3.  As rightly suggested by you, a fresh WILL can be executed later, which supercedes the previous WILL.

4.  Since it's your self acquired property, except yourself, no one will have any right, including your wife and child, during your lifetime.

5.  You can keep all your future investments in the name of your second wife.

Shashidhar S. Sastry
Advocate, Bangalore
3875 Answers
234 Consultations

5.0 on 5.0

Dear client, 

1) will is sufficient 

2) no. The court decides on parties so if the parties are okay then only court can accept it or else, no. There is no compulsion to make this document. 

3) No, the will wont be valid as this is through the judiciary 

4) keeping in your name is risky after this document is  valid

Thank you

 

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

1. Any letter given now, until and unless it becomes part of the divorce decree and judgment, cannot be enforced at a later stage.

However to somehow manage the situation for the present, you can prepare a Will without ,mentioning the details of the property that you are bequeathing in favor of your minor son, hand it over to her.  

Remember that this Will can be cancelled by you at any stage in future.

2. In a mutual  consent divorce, the court will permit the petitioners to attach such papers as document.

3. You can cancel the Will at a later stage after you are remarrying another person.

4. In the event of intestate death, the biological child of the deceased shall be entitled to a legitimate share out of the movable as well as immovable assets of deceased as a right.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

1. If you feel that your other wife or children born out of second marriage would be deprived then you don't agree to this condition. 

However your current wife is insisting that this should go to your child after your death only,  hence you can transfer the same to anyone of your choice during your lifetime because this clause cannot restrict you from doing so. 

2. Your first wife as it is cannot claim any share in your property particularly after divorce. 

Your child out of first marriage cannot claim any rights over the property which was not on your name at the time of your death. 

3. No.

4. It would be your decision which cannot be disputed by anyone. 

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

1. You don't have to agree what she says. 

2. You can buy it

3. If you are not co-owner then she can't. She should not know that it's your money

4. Yes you don't make

5. You don't agree to such one-sided consent terms and contest on merits

Prashant Nayak
Advocate, Mumbai
24930 Answers
58 Consultations

4.4 on 5.0

Don’t purchase any property in your name . Purchase it in name of second wife 

 

2) your daughter can claim share as it was bought in second wife name for benefit of joint family 

 

3) don’t agree to addition of said clause in your consent terms for divorce 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Dear clients, 

Rights of second wife and child are protected if you make a will in their name or have them as your nominee or have already given them the property.

Thank you

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

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