She should consent to not filing the same in agreement. The said law should be in common and should not have contrary things with each other.

If amount is in sufficient wife can make application that amount is not sufficient to support the child 

consent terms should contain clause that amount is paid in full and final settlement of all claims 

You can argue that marriage was solemnised in india and divorce was granted by mutual consent and x amount paid to wife and child in full and final settlement of all claims for maintenance 

Generally, once a full and final settlement agreement is reached and a mutual consent divorce decree is passed, a wife cannot claim additional amounts later, especially if the settlement agreement explicitly waives future claims

However,  a child can still claim maintenance from their father even if the mother has waived future maintenance during a divorce settlement. While the mother's waiver of her own maintenance might impact her ability to claim it later, it doesn't release the father from his legal obligation to support his child. 

Indian law, specifically Section 125 of the CrPC, provides for maintenance for children, irrespective of parental agreement. 

You may please note that a child's right to maintenance is independent of the mother's waiver and is based on the child's need and the father's ability to provide. 

Under Section 125 of the Criminal Procedure Code (CrPC) and Section 26 of the Hindu Marriage Act, children have a right to claim maintenance, even if their mother has waived her own maintenance. 

This right is based on the child's needs and the parents' ability to provide.

The legal fact is that the relationship between the husband and wife only has been cut or dissolved by the decree of divorce, whereas the relationship between the child and the father is biological, even the law cannot disconnect or cut that relationship, moreover the mother has no right to waive the child's rights even though she had claimed money on behalf of the child at the time of settlement during the mutual consent divorce, henc you may exercise abundant precaution to avoid future conflicts in this regard.

Indian Divorce Settlement:
Under Indian law, a mutual divorce agreement that includes a clause like “the wife shall not claim any further amount in the future” is enforceable only under Indian law.

Australian Family Law – Child Support is Separate:
Under Australian family law, child support and maintenance for the child are governed by the Child Support (Assessment) Act 1989 and Family Law Act 1975.
Australian law treats child support as a right of the child – it cannot be permanently waived or contracted out by the parents, even if there is a full and final settlement in another country.

 This means:

 Your wife can approach Australian authorities (like the Child Support Agency) and ask for a child support assessment regardless of the Indian settlement.
Australian courts generally consider the child’s best interests and actual financial needs in Australia, which can override a private agreement made in India.

Can You Prevent Future Claims in Australia?

Unfortunately, you cannot entirely prevent your wife from seeking child support in Australia because:

• Child support is seen as the right of the child, not the parents.

• Any overseas settlement cannot bind or restrict Australian law if the child lives in Australia and has legitimate needs.

What You Can Do:

Full Disclosure in Indian Divorce Agreement:
Include a detailed financial disclosure and clear agreement about the child’s current and future needs, so it’s on record that the settlement was made fairly and in the child’s best interests.

Acknowledge Jurisdictional Limits:
You can include a clause stating:

“The parties understand that this agreement is binding and final under Indian law but may not be binding or enforceable under the laws of any other country, including Australia.”

Prepare for Australian Child Support Assessments:
If you move to Australia, you should be prepared that your wife can approach the Department of Human Services (Child Support) for a fresh assessment. The Indian settlement will not automatically prevent this.

Bottom Line:

The Indian mutual divorce settlement is valid in India, but it will not fully protect you from future child support claims in Australia.
The Australian authorities prioritize the child’s best interests regardless of private settlements abroad.
 However, your Indian settlement might be considered as part of the background, and you can show it to Australian authorities to argue that you have already contributed significantly – though it won’t completely bar fresh assessments.

Recommendation:

 Finalize your Indian divorce and settlement properly.
 Be transparent in your financial disclosures.
 Be aware that future child support obligations in Australia will be assessed under Australian law, regardless of the Indian agreement.

If you need any help drafting the final Indian divorce settlement (to make it as strong and transparent as possible) or to understand Australian child support processes better, feel free to reach out!

Warm regards,
Adv. Ayush S. Jain
High Court of Gujarat | District & Sessions Courts – Ahmedabad & Gandhinagar
advocateayushj[at]gmail.com 

After mutual divorce she can’t again file fresh proceedings outside India 

1. Even though the law of amity and comity of courts apples in every parts of the world, there is every opportunity for you wife to open new can of worms in Australia under changed circumstances. So you better consult an advocate in Australia on the issue of settlement done in India.

2. However , if you wife is not moving to Australia and is likely to stay bac in India then staring a new case is very difficult once the settlement is done and implemented . 

Dear Querist

as per Indian Law, judgments of Sc and HCs, the welfare of the child is paramount consideration and even after the settlement between husband and wife in a divorce proceedings, they cannot settled the matter or settled the rights of the children. in future if anything is required and necessary for the welfare of the child, both the parents of the child are liable to maintain the child and fullfill the child's requirements.

Dear Sir, 

With the inclusion of getting full and final settlement amount through Indian Court, whe will not be in position to claim anything in future i.e. Australlia. 

- As per law, Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.

- The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.

- Therefore, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by your wife, 

- Hence, there should be a clear clause in the MOU , that she will have no right to claim any maintenance or monetary help for herself and also for child from you in future , and also will have no right to file any petition in India or abroad after the grant of mutual divorce. 

Yes, your wife can file a petition in an Australian court to claim that the agreed settlement is insufficient to support the child’s needs in Australia, despite the clause. Your wife could argue that the settlement is insufficient due to Australia’s higher cost of living. Add a clause where both parties confirm that the settlement amount is sufficient for the child’s needs, even considering Australia’s cost of living. Eg.

“Both parties acknowledge that the agreed child support amount has been calculated with reference to the child’s current and future needs, including the cost of living in Australia, and is intended to be a full and final settlement.”