regarding one time settlement or permanent alimany
Querist :
Anonymous
(Querist) 03 September 2010
This query is : Resolved
Dear dir,
During pendency of 498a,mentinance ,child custady cases, a compromise settlement is offered by Add.Dist judje towards me to pay 10,000,00 Rs.(Ten Laks,)asking for settlement. In which judje said that all the cases will be removed and there will be no claim in future in my property by her for chldren ( Male one and one female).My salry is 40,000/- per month (Govt. job).
My query is that What precausions should be take during settlement so that in future she can not claim in my property and expences of marriege of my childs and other issues.
Kindly suggest me.
Thanking for valuable sugesions.....
s.subramanian
(Expert) 03 September 2010
You have to incorporate the clause of full satisfaction in the settlement memorandum.
Sukhija
(Expert) 03 September 2010
Make specific points in memo about the amount given towards marriage expenses, maintenance about each child and ur ex wife also. This amount is to be invested in their name and it is to be utilised for that purpose only. Better to keep FD in their(children"s name) name and hand it over to her.
Devajyoti Barman
(Expert) 03 September 2010
I am not sure how the right of inheritance of the children would be waived by the settlement. As far as other terms are concerned even tough the wife waives her right to future maintenance that clause would not be enforced as the same being against the principle of public policy. Only the allegations of your wife and the pending cases would be withdrawn.
nayan joshi
(Expert) 04 September 2010
i do agree with mr. Devajyoti Barman
yogesh
(Expert) 05 September 2010
If the divorce is made by mutual consent under section 13 of the HMA then mainatanace (past, present and future) alimony can be setteled outside through the counsel. The Hon'ble court will authenticate with the claim as the Hon'ble court has nothing to do with the one time alimony if the parties bargain and made settlement outside even without any penny
The Hon'ble Court will help the parties to withdraw the case filed against each other such as 498a, section 9 of the HMA as the civil and criminal cases cannot be mainatained after the divorce
If the party is not satisfied with the alimony awarded one may challenge before the Higher Court with reasonable grounds as mainatanace cannot be given as matter of right if both parties are earning well
pawan sharma
(Expert) 09 September 2010
i do agree with Mr.Subramanian and Mr.yogesh on this Query.
