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Sridhar (Engineer)     20 March 2013

Please help

Hi,

My cousin has filed for divorce which was later given consent by his wife at the time of filing counter. Both my cousin's lawyer and the girl's lawyer wanted to formally continue the case as if it's contesting so that it can be done before 6 month's duration. The case is now done and divorce has been granted in the 5 month. However, the judgement has been delivered as such the girl can claim maintenance in the future as she has not claimed yet.

My cousin had a MOU signed with the girl which was not submitted in the court records but was signed by the girl, my cousin, witnesses and has notary done with the details of alimony payment. 

Since the MOU is not recorded during the divorce procedure in the court of law, does the girl have the right to once again claim for maintenance? Is the MOU enough to prevent her for further claims as my cousin has already paid full settlement amount as said in the MOU. The only issue is it's not submitted in the court of law.

Please advise and thanks in advance for all your help.

 

Thanks,

Sridhar



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 March 2013

Yes she can claim the maintenance.  If she claimed your cousine can defend relying on the MOU.  It could have been better if it were mentioned in the case, which is already disposed off.

1 Like

Sridhar (Engineer)     20 March 2013

Thanks Rajeev.

Is there a way we can get the MOU registered in the court? 

Regards,

Sridhar


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