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Guest Account (none)     19 November 2012

Can settlement deed for permanent alimony be revoked

A case for maintenance u/s 125, permanent alimony and challenge to divorce in high court was lodged by wife against husband after divorce by a lower court. The matter was sent to mediation. The matter was not settled. Thw case was sent back to court. Judge asked to settle in between parties settled for an amount. Settlement MOU was signed. However now the wife feels that it was better to take monthly maintenance as she is 44 years and cannot remarry also she will not be able to spent her entire life on the settled amount. Two cases one in high court and other for maintenance have been taken back. One case of alimony remains. Now the wife wants to return the amount and recontest for maonthly maintenance. What should the wife do in this scenario should she settle with the amount she has received or can she revoke the settlement. she is ready to give back the amount received by her to husband and ask for monthly maintenance. Is it possible to revoke the MOU now what are the consequences of the same. The settlement amount is just 10 lacs whereas the husbands monthly income is 50000/- and he is a government employee entitled to receive pension.



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 4 Replies

stanley (Freedom)     19 November 2012

By any chance are you a lawyer Anurag . Than as you say you are aware that the amount is not sufficient for her entire life than under change of circumstances she can futher on enhance or ask for additional maintanence. 

Chetan Joshi (Advisory/Advocacy)     19 November 2012

Anurag

 

 

Prima facie....I dont think it is possible....

 

 

What were the calculation involved when arrived at a 10lakh settlement...????

 

 

Generally 20 - 30 % Of salary is arrived as maintainence ( after deduting his personal necessary expense)...which should come up around 10000...

 

A fixed deposit of 1000000 can fetch you upto 8.5% interest.....Think about it....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Guest Account (none)     19 November 2012

The family of the girl was experiencing a lot of pain due to delayed long proceedings of court .. they decided to settle at the amount whatever the husband was willing to pay rather then continue with the proceedings ... but want to know whether after coming to such settlement does the girl has any option left to aks any additional amount/monthly maintenance in future if she needs the same... or with this agreement all her options are closed ... the girl with long proceedings of the court had gone into depression and was not able to handle the pressure of court proceedings that forced the family to settle at this amount ... are there any options left wherein before withdrawing the cases .. however agreement has been signed ....

rajiv_lodha (zz)     19 November 2012

If MOU draft is written with the wisdom of stopping all further claims & litigations, u need nt bother about future hassels.......she can not claim more money after that


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