change/clarification in Divorce consent terms
honest jai12
(Querist) 25 November 2010
This query is : Resolved
Hi,
The judge has granted divorce based on a compromise decree with the father-in-law because the wife has permanent unsoundness of mind.
Based on that terms
the husband needs to pay a specified amount of monthly maintenance.
Also the husband needs to maintain a security deposit in Husbands and father-in-laws joint name till the death of the wife. This is to cover-up for the default of above maintenance. After wife’s death the amount will go to the husband.
In this case the consent terms is silent about the interest on the FD, though while discussing with the counselor, the husband mentioned that let the interest flow directly to the father-in-laws account and balance of maintenance he will pay by way of credit to father-in-laws bank account. The father-in-law agreed to this and was also happy about it. Also the father-in-laws lawyer said that it is a good idea since it will even reduce the husbands burden.
To this the counselor mentioned that both of you decide about this and no need to mention it here.
Question as below:
- Can there be confusion and dispute about the right of interest amount in future?
- In case of bank and post office deposit, interest is which holders legal right ? does only the first holder have the legal right to interest?
- Will it be possible to add an additional term before the final order in this case? This term will clarify that the interest will flow to father-in-laws account and the husband’s burden of maintenance will reduce to that extent. How could this be done. Will the judge get annoyed by this and may not allow the change? It is a compromise decree...
This will also help from tax point of view.
Kindly consider this urgent..
Devajyoti Barman
(Expert) 25 November 2010
1. Yes, if any of you dispute.
2.The person in whose name/benefit the money is deposited.
3. If the decree on consent has not yet been granted then yes, you could make that point added but with the leave of the court.
4. In a consent decree the judge has no right to interfere unless the same is unlawful or in furtherance of some illegal or immoral puprposes which is not in your case.
honest jai12
(Querist) 25 November 2010
Thanks for the reply...
The judge had said divorce granted...the final order is next month...
can we do any thing now?
honest jai12
(Querist) 26 November 2010
In this case the husband's name will be 1st and the FIL's name will be 2nd on FD.
also the amount is security deposit towards husbands default of payment of monthly interest.
so what can be interpreted w.r.t. the
1. name and
2. benefit
The judge had said "divorce granted"
the final order is next month. can additional terme be introduced now?
Sorry for asking very specific answer. but this is very important and would put tremendous burden on the husband.
kindly advise..
