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Champ (Manager)     14 February 2013

Maintenance under mutual divorce

Hello,

My wife has filled for divorce on ground of cruetly, however after meeting with cousellor we have agreed for mutual consent divorce. I her divorce petition she has not asked for any maintenance or interim maintenance and also in mutual divorce she is not asking any money.

This is not understandable for me and i have sensed some foul play in it. After consultation with my lawyer I am come to know that she can claim maintenance ever after mutual consent divorce. This seem to be an startegy to extract money with getting divorce faster under Mutual consent

He has suggested that we will pay Rs 5 lacs as permanent alimony to her in mutual divorce and this will prevent her from making any claim in future.

Also we have one daughter for which she is asking custody. At the time of disucssion it was agreed that i will pay educattion expenses and she will take care of her regular exp, food, medical and marriage exp. She is claiming some amount as financial support over and above education exp. Amount not decided.

My wife is qualified as Masters in Physiotherapy and currently working on parttime basis. I am chartered accountant by qualification and having a salary for approx 80K ( After tax and PPF). I have dependent parent and some home loan liability.My total monthly expenses is approx 65K Her current Income is 5K and she works only for 4 hrs.

Kindly suggest whether strategy suggested by my lawyer is right or not and what course of action we should take to avoid any liability in future

 

 



Learning

 3 Replies


(Guest)
Originally posted by : Champ

Hello,

My wife has filled for divorce on ground of cruetly, however after meeting with cousellor we have agreed for mutual consent divorce. I her divorce petition she has not asked for any maintenance or interim maintenance and also in mutual divorce she is not asking any money.

This is not understandable for me and i have sensed some foul play in it. After consultation with my lawyer I am come to know that she can claim maintenance ever after mutual consent divorce. This seem to be an startegy to extract money with getting divorce faster under Mutual consent

He has suggested that we will pay Rs 5 lacs as permanent alimony to her in mutual divorce and this will prevent her from making any claim in future.

Also we have one daughter for which she is asking custody. At the time of disucssion it was agreed that i will pay educattion expenses and she will take care of her regular exp, food, medical and marriage exp. She is claiming some amount as financial support over and above education exp. Amount not decided.

My wife is qualified as Masters in Physiotherapy and currently working on parttime basis. I am chartered accountant by qualification and having a salary for approx 80K ( After tax and PPF). I have dependent parent and some home loan liability.My total monthly expenses is approx 65K Her current Income is 5K and she works only for 4 hrs.

Kindly suggest whether strategy suggested by my lawyer is right or not and what course of action we should take to avoid any liability in future

 

 

 

 

Hurrah


Wife hasnt asked for money, good.


But sadly you will have to part with some money 5 lacs or whatever is suitable to your pocket or whatever the judge deems fit as peramanent alimony.


Start pooling money, pay off, be happy and tension free.

adv. rajeev ( rajoo ) (practicing advocate)     14 February 2013

Yes she can claim maintenance after the divorce, but she is working so she cannot, but you will have to pay the maintenance of your daugther till her marriage.

Ashok Yadav (Lawyer)     14 February 2013

Your Advocate has suggested rightly follow him need not to get more advice.


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