Checklist for Divorce Filing
Amit
(Querist) 26 January 2018
This query is : Resolved
Dear Expert
I have been married on jul 2011. We are living separate since Apr 2014. I have one daughter 5 years old. She belongs to Agra.
My wife had filed multiple cases against me and my family namely 498A, Domestic violence, sec 125. The prosecution is going for almost last 3 years. Now they are seeking compromise by agreeing on divorce with alimony. My daughter will be in her custody only. I want to mention my wife & inlaws are gundas who have ruined my life.
I want expert guidelines what all points i need to consider legally so that in future they cannot pitch into my life in any circumstances.
Thanks
Amit k Aggarwal
Guest
(Expert) 27 January 2018
Simple, when your wife has agreed for divorce, where remains the question of preparing checklist?
Guest
(Expert) 27 January 2018
Better rely on your own lawyer, who may be fighting your cases for all the three years. Moreover, checklist can be none else other than your own bad feelings about your wife and problems from her side with appropriate evidence. Any vague grounds may spoil your own case.
Vijay Raj Mahajan
(Expert) 27 January 2018
Important points in the case are which you must know:
1. The amount of permanent alimony and maintenance sought and agreed by you for settlement of the matrimonial dispute where she will withdraw all criminal cases/charges and maintenance cases. This amount will be full and final for past, present and future from all aspects and at no time and circumstance she will ask for any maintenance for herself in future.
2, The child physical custody will be with mother, but the father will be allowed visitation on regular basis. This issue has to be clearly settled between both parties. The biological father shall remain natural guardian of the child along with the mother and will not allow the adoption of the child by another person or persons anytime in future.
3.The maintenance of the child is another important issue and how it has to be worked out between both parties.
4. The wife shall not claim at anytime any share in the immovable, movable property or estate of the husband. The wife shall not claim any insurance amount, provident fund, gratuity, pension, bank balance, bank FDRs, shares & stocks owned by the husband, shares of husband in any business or company or firm, etc.
5. The husband can always decide about the inheritance right of the minor child for his properties/estates etc. and wife will not challenge it in any court or before any authorities if the husband at any time makes Will wherein he disinherit the minor child for claiming any share in his property/estate after his death.
I know many comments contrary to what I stated here will be posted just to distract you, but as a senior lawyer I can only provide best of advice to anyone rather misguiding him/her. All these points mentioned above will safeguard you from future litigation.
Dr J C Vashista
(Expert) 28 January 2018
Pure academic story for debate.
However, if there is some truth in your question, rely upon the advise of your lawyer contesting your case(s), s/he is competent, well versed with facts, intelligent enough to sail you through and guide you properly.
Do not adventure to spoil your case(s) by seeking second opinion. despite the fact that it is available FREE OF COST.
Amit
(Querist) 29 January 2018
Thanks Mr. Jigyasu, Mr. Vijay & Dr. JC Vashista.
