v********t (cce) 11 September 2011

Perfect post nupital agreement

Hi,

i seek guidance and help in regards to my issue. the case is that my wife and I have been married for 6 years now and it ihas recently dawned upon me that as told to me she has not completed her graduation in stipulated time. She is planning to withdraw the financial help thatshe was giving me by working as that only enables me to pay off the emi for our home loan. for the last six months she has totally denied me and physical or mental pleasure and is constantly harrasing me. because of her irksome attitude I have suffered bothe mentally and physically and from a complete extrovert i am now an introvert. What i seek is to formulate a perfect document that stand true in any court of law and ensures that I am not to pay any money to her for her maintainance and also keep the custody rights to both our children and she can only visit them but she cannot demand any sort of alimony or maintainance from me.

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 11 September 2011

Whatever you have said in your question can write down in the stamp paper or even white paper is also sufficient, but witnesses sitgnture isnecessry.

It is more better if it is compromised before the court because your cannot say she has singed the agreement in a threat and forciably

Adv. Chandrasekhar (Advocate) 11 September 2011

Any mutual agreement that denies the statutory rights given the party is null and void.

Tajobsindia (Senior Partner ) 11 September 2011

@ Author

I interpret your brief as to that of 'first love (or arranged marriage whatever), then both in jobs, then kids along with joint property shares and discovery of her incomplete edu. turning 6 years old marriage with to kids now into bed of thorns !

1. Post nuptial in your case is meant to be an Agreement / Compromise Deed jointly executed between couples to use as material annexure in dissolving their marriage by way of Mutual Consent Divorce route using your personal family Law.

2. A "PERFECT POST NUPTIAL AGREEMENT" is one where jointly both spouses agrees to come half way (mens compromised) on lists of their issues and put them para-wise in a non - judicial stamp paper with two witness signature followed by notarizing it by a Notary and same is presented before concerned Court along with a Joint Application on mutual compromise to end their marriage as per terms and conditions mutually executed between them by this Agreement / Compromise Deed to give accent (relief) upon it as a mutual consent divorce first / second proceeding. In such cases it is a consent given by the Ccourt to dissolve your marriage not that you or she are giving consent !

3. I doubt your current briefs smelling of a perfect success at the end for a simple reason that she has stopped meeting her share of EMI payments and she has threatened you of disturbing custody / visitation rights so how both of you can agree PERFECTLY when currently several disagreement between couple exists !

We all have fill in the blanks pointer paras as template format of a Agreement / Compromise Deed but the fill in blanks in it needs to come forward jointly by spouse not from us so in other words in my opinion we cannot give you most PERFECT POST NUPITAL AGREEMENT paras other than hints in person (chamber consultation) how both of you can come half way to make it all happen only if both wants to part company mutually settlign all their past, present and giving up future issues (rights) voluntarily / expressly.

Meanwhile try to sort out differences which is better than getting entangled in litigations in search of PERFECT POST NUPTIAL AGREEMENT, there is none readymade, moreover closed cases if one party wants can open in 99 years under change of circumstances and or under fraud and or even under bonafide mistakes so best is to jointly agree and then come to Court to get a seal of approval (decree in proceeding)