Consent terms enclosed to divorce petition can contain clause wife will stay in flat for 6 years and after 6 years vacate the flat
2) if she refuses to vacate after expiry of 6 years you can file suit for eviction against her
We are planning for mutual consent divorce. But i am planning to move out of the house and get a rented one as i don't want to disturb kids routines and friends. The house is in my name only. My wife is ready to make a deal wherein she will stay with kids in my house for 6 to 7 years, after which she I'll move back to her own residence. Is a deal made with wife that she lives with kids for 6 to 7 years and then moves out considered valid in court. I am worried that she may not vacate the premises later on , or rules might change. Is this a right move by any means. ?
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Consent terms enclosed to divorce petition can contain clause wife will stay in flat for 6 years and after 6 years vacate the flat
2) if she refuses to vacate after expiry of 6 years you can file suit for eviction against her
After a valid divorce, the husband wife are stranger to each other except as father or mother of respective spouses. An enforceable agreement between ex husband and wife can be executed, it is matter proper drafting. Such agreement is valid and legal and each party can be obliged to law to obey the terms.
Why is it a utter stupidity?
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- Such deal can create trouble for you even after getting the mutual divorce from her , and she can claim the same with the name of kids
- However, at the time of getting mutual divorce you can enter into an agreement with her after mentioning that she & Kid will not have any right to claim over the said property and the said premises is given to them as licencee and not permanently.
- Further , in case she not vacate the same, then you can terminate her temporary given Licence after sending her a notice
- Further , if she not vacated after getting notice ,then you can get her vacated after filing a suit before the court easily.
If you prepare properly MoU terms and conditions than it will be no problem at all. She has to vacate the agreement clause should be very strong.
Your wife can reside in your house so long she remains your legally wedded wife.
If you plan for mutual consent divorce with her then you can get into an agreement to let out your house to her on a nominal rent and that she has to vacate upon the expiration of the lease period.
If she do not comply with the conditions of agreement and fail to vacate then you can file an eviction suit to evict her from the property on the basis of the lease agreement.
It is not known what you refer to her as utter stupidity.
If it was any comment by any advocate whop replied to your query you may clarify the same from the individual accordinlgy.
Yes you can do the same. The said condition will be mentioned in the MCD as well and the same can be given effect to
yes you can do that
upon the grant of divorce, you can enter into a leave and license agreement with your wife in which you will permit her to use and occupy the house alongwith the kids on 'gratitious license' basis for the agreed period
so your ex-wife [upon divorce] will be using the house only as a licensee
upon expiry of the license period if she does not vacate then you can file an eviction suit against her under s.41 of the Presidency Town Small Causes Court Act
gratitious means without payment of any license fee
please register the leave and license agreement though
the above understanding is perfectly valid and the registered LL agreement will ensure that your wife does not make any adverse claim over the house