• Mediation settlement

Hi currently I'm going through the mediation process in high court where there has been no. of sittings with opponents and mediator. I have 6 yrs old child. My wife left the house 2 .5 yrs ago. my wife is saying she doesn't earn whereas she runs a small business in a hidden way

Current state 
a) after no. of discussion s finally 15 lacs alimony is decided and she is fine. 
b) mediator said divorce has to be done and full n final settlement should be done so i have to do something for the kid as the settlement
c) I offered 10 lac as an FD where this money will be used solely by the kid at the time of maturity and will be used in the purpose of his higher studies 
d) I have asked 3 days of custody of my child in a week during weekend


My problem is that she may come asking for the current expenses of the child where she has put the child to new school without my permission as it is costly 20 k a month . so she may ask how can i support there. I am already stretched 
Please guide or suggest a alternative plan of action where if they ask on further regular expenses like school fees and his day to day expenses. 
a) shall i refuse to settle further as I'm stretched 
b) shall refuse this 10 lac FD amt and simply say i willing to pay school fees only 
c) shall i say Fd interest to be paid to her monthly and she should also be contributing as she works or she isa mother 
d) is their any better scheme or proposal for 10 lacs i can propose considering that amount should solely be for my child and not by mother

My lawyer said this wud be our final proposal. I don't want to in litigation but they also doesn't seem to go in litigation. I also my child relationship undisturbed so stretched
Asked 4 hours ago in Family Law
Religion: Hindu

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5 Answers

You are already paying ₹15 Lakhs alimony and ₹10 Lakhs child settlement.

. A "Full and Final" settlement means zero ongoing monthly maintenance or school fee liabilities.

 

 

2)Paying a ₹20k monthly school fee creates an open-ended, lifelong liability.fees tend to increase every year 

 

3)If mediation stalls, offer that the ₹10 Lakhs is locked, but the monthly interest (approx. ₹5,500-6,000) goes directly to the school for fees.

 

4) you can insert a clause in settlement agreement 

 

Any change of school, major medical treatment, or extra-curricular expense exceeding ₹5,000 per month requires prior written consent from the father. Unilateral decisions will be funded entirely by the enrolling parent."

Ajay Sethi
Advocate, Mumbai
100497 Answers
8219 Consultations

-  You can enter into an agreement /MOU with her in the said mediation settlement after giving full details of payment 

- Further, you can mention therein that after this payment she will have no right to claim any maintenance or any amount for herself and not for the child , as she is getting full and final settlement amount from you. 

- If you are going for divorce then better pay the said amount before the Court after agreed before the mediation cell . 

Mohammed Shahzad
Advocate, Delhi
15963 Answers
244 Consultations

You can state clearly on record during mediation: "The father wants the best education, but the mother enrolled the child in a ₹20,000/month school unilaterally without consulting the father. The father’s financial capacity does not allow a ₹2.4 Lakh per annum school fee on top of a ₹15 Lakh alimony and ₹10 Lakh lump sum."

You are asking for 3 days of custody (weekends). If you are keeping the child for 3 out of 7 days, you are already bearing 40% of the child's boarding, lodging, food, and entertainment expenses during the week. Use this to argue down any further monthly maintenance demands.

Whatever you agree to (whether it is the FD or a modified monthly amount), the mediation settlement must explicitly state: "This is a full and final settlement. The Second Party (Wife) waives all rights to claim any further interim, permanent, or future maintenance for herself or the child under any law (Sec 125 CrPC, HMA, etc.)."

You can say this to the mediator "I want to secure my son's future, which is why I am offering ₹10 Lakhs despite being heavily stretched. However, because I am giving this large amount upfront, I cannot pay an additional ₹20,000 a month for a school I did not choose. I propose that the interest from a portion of this ₹10 Lakhs go to her monthly for school expenses, and as a capable mother, she must cover the rest. This must be the final settlement."

They do not want to go to court any more than you do; they are simply testing your boundaries to see how much more they can extract before signing.

T Kalaiselvan
Advocate, Vellore
90701 Answers
2523 Consultations

You can decide whatever you feel in mediation it’s not compulsory or mandatory. Even whatever decided in mediation is not applicant in court if it fails. Therefore you can decide your terms if not happy contest it on merits in court 

Prashant Nayak
Advocate, Mumbai
35037 Answers
256 Consultations

Hello, 

  1. If the wife doesn't agree with the proposal of 10 lacs FD, you may suggest paying for the school fee entirely and insist that the choice of school is done by consensus.
  2. As it is your proposal is reasonable and if it is not agreed, you can choose not to stretch and decline.
  3. The more you negotiate the more difficult it will become. Your lawyer's advice is reasonable.

S J Mathew
Advocate, Mumbai
3620 Answers
175 Consultations

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