Maintainence
Mario
(Querist) 22 November 2012
This query is : Resolved
My friend's husband is pestering her for a separation...He wants her and their kid to live separately ...He is agreeing to pay her a certain sum of money every month with a flat on rent...My question is if he writes all this on RS.100/- stamp paper and is signed by both of them will it hold good in the eyes of the law if a)He doesn't uphold his end of the agreement b)If he stops paying their agreed maintenance money.Thank You
Raj Kumar Makkad
(Expert) 22 November 2012
a. Yes, this is a valid document but it should also be witnessed and should be notarized.
b. If aforesiaid condition is fulfilled, it can very well be got executed through court and it shall be better to insert such term in the agreement itself.
Mario
(Querist) 22 November 2012
Thank you so much for ur swift reply sir....So as i understand there is no need to get a lawyer or go to the court or anything like that as of now...All i need to get done is on a Rs100/- stamp paper the terms etc should be written and there should be witnesses (Is there a particular number of witness required like 2,3 or 4 )and am i right in assuming they also will have to sign the document and finally get it notarised.
Raj Kumar Makkad
(Expert) 25 November 2012
Separation is not decree of divorce and such arrangement is not permanent rather is a temporary arrangement till the relations get good.
Mario
(Querist) 26 November 2012
Thansk u so much Sir.Raj Kumar and Sir Nadeem for ur replies...
V R SHROFF
(Expert) 26 November 2012
Nice to settle amicably. No court, no lawyers, no harassment.
no 498A, no DV , no police stn/ jail
All disputing h-w should follow this...peacefully....
