Post mcd
Rakesh Kumar
(Querist) 01 March 2016
This query is : Resolved
Learned Counsels, Brief History is that It has been more than 3 years since I filed Divorce case on ground of Adultery & cruelty. Custody of my children (boys aged 11,8,5 years) is with me as we live separately since 3 years. There were also many violent, abusive etc incidents with myself & children due to which children totally de-attached with their mother. Police complains & photos of these incidents are already on record of Family court. Police also did preventive action against her U/S 107 of Crpc after these incidents in which Children were horrified & slept weeping without food. As she misbehaved in classroom, she was restricted by Family court to enter the school of children. She even did False police case on me & my mother U/S 307, 323 etc in which B-Summary final report was filed by Police & accepted by court 4 months back. So to sum it all a lot of Conflict & bitterness has been in our relationship & she never bothered to not make children a part of it. Children has clearly told court that they don't want to meet her, but court against all odds ordered for monthly two hour assess in court premises. The youngest child even does not recognize her. Post separation, the children have moved ahead & are well settled in our Joint family setup.
BIG QUESTION: We are just on verge of settling MCD terms in about two days in which she will give away her right of access / custody against Permanent Alimony etc.I want to know if a wife can deviate from MCD terms later & file a fresh false case for Access of Children or enhancement of Maintenance even after Final Alimony has been paid on pretext of change in circumstances to extract more money from us or for other wrong reasons. I want advice about how i can safeguard future life of myself & children from her so that we don't have any type of contact with her & we don't get to see the Family court again.
P. Venu
(Expert) 02 March 2016
She is bound by the terms of the MCD but she has her legal rights and can seek remedy, if their is a prima facie grievance.
Future is bound to be an anxiety, if you surrender to the excitement of the present. The solution is dealing the issue in hand with equanimity and understanding and harbour no animosity against those whom, we feel, have hurt us.
Rakesh Kumar
(Querist) 02 March 2016
Thanks for your words of wisdom which will definitely help me when MCD gets through. However, presenly I want help of learned counsels to get prepared best documents/undertakings/Consent terms etc so that very less scope of creating any issue is left in hands of outgoing wife in future. Thanks
Rakesh Kumar
(Querist) 02 March 2016
Thanks for your words of wisdom which will definitely help me when MCD gets through. However, presenly I want help of learned counsels to get prepared best documents/undertakings/Consent terms etc so that very less scope of creating any issue is left in hands of outgoing wife in future.
Thanks
Rajendra K Goyal
(Expert) 02 March 2016
If the terms of MCD are properly drafted, even if she approach court after MCD, she would have negligible merits in her claim.
