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AnonymousJack (Consultant)     08 July 2011

After Divorce Demands

I have been divorced for some time now with all settlement agreed almost a year ago.

Maintenance was agreed and due to my job loss recently i am unable to pay anymore for which i requested a reduction or holiday.

now the girls parents are filing a case against my parents to ask for money they spent on divorce... is it possible to do so after divorce and girl accepting maintenance for such time???

is there no end to this relationship ???? can the girls parents keep coming back anytime they wish???



Learning

 3 Replies

Tajobsindia (Senior Partner )     09 July 2011

@ Author

1
. If it was a Mutual Consent Divorce with all past, present and future settlement by way of monthly maint. per month agreed as one of the clause by you then they can't come back to same Court under any other clause except change of circumstances that also if she is remained un-married, have loss of job, is in need of medical help, her mother is widow, her mother who may be a widow needs medical help and divorced daughter (your ex wife) is hand to mouth financially, rise in inflation, cost of living going up, re-settlement into another city with higher price index etc. etc. are some of the grounds under change of circumstances she can use help of to approach you.


2. Your MCD terms and conditions needs to have been listed here for worthwhile guidance by readers otherwise above Para 1 stands right is my pre-assumptions to this brief.


A.
Now if it was a contested decree in divorce proceedings then it seems per month alimony was awarded at the time of decree and which you now are not able to meet due to job loss which in my opinion is no ground at all as decree is there in a divorce suit and now it becomes your duty to meet per monthly alimony amount to her by begging or borrowing otherwise you should have asked for one time alimony then.


B
. Now if above para A is what your case is all about then yes they can claim S. 27 HMA at any time and or after decree in divorce proceedings so they are claiming their rights and which can only be adjudicated by a competent court and on top your current joblessness and inability to meet per monthly alimony post decree are some thing to worry about. However read my other post on S. 27 HMA which clarifies what all can be claimed and what it is actually about.


PS.: The above reply is based on two divorce decree situations MCD or contested divorce hence pay attention to two replies by re-reading them again accordingly.

 

Sandeep Aggarwal (Advocate)     11 July 2011

Dear jack. All the cases filed against ur parents will be bogus just to threaten you and your family. So Don't worry. Go ahead and fight them. Go according to your settlement in the court as well. and be happy and show the court that you are unable to give maintenance with all records and proofs and court will see the rest.

Ms Liberal (others)     17 July 2011

If you agreed to pay money then you have to pay but here you are jobless too In case you have no source of income from other sources then its unfair for you to give money in such circumstances.

The act of the parents are very much fair as most of the men usually do it for not giving the alimony to their wife and for this they either transfer the propert to their moms and sisters, brother etc

If you are right then you have to contest against thir demands as every one has right to sue and be sued

I AM NOT CRTICING THE SENTIMENTS OF ANYONE
 


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