Dear Experts,
Wife is adamant that she will not give divorce, divorce filed by husband on grounds of cruelty under sec 13 of HMA. Currently case is under mediation cell of High Court (due to Appeal filed by Husband in high court against very high interim maintenance order passed by session court under sec 24 of HMA in favour of wife)
Mediation cell of High Court suggesting JUDICIAL SEPARATION under sec 13A of HMA with payment of one time Lumpsum amount of Alimony and with terms and conditions that there will be no future litigations by wife, Civil or Criminal grounds against husband.
There is one son out of wedlock, who is currently with wife
My questions are :
1) If Husband pay lumpsum amount as permanent alimony to wife with judicial separation and with condition that she had taken maintenance for her and child for entire life and she will have no right in any assets/ moveable/ immoveable property of husband in future. Can she still claim anything from husband in future on any grounds or under any other act ?
2) What can be done that she cannot claim anything from husband in future
3) If in terms and conditions it is written that wife will not file any criminal complaint against husband after Judicial separation and after receiving lumpsum alimony amount, can she still file any sort of complaint against husband or his parents under any act.
4) Can Judicial separation completely shield husband and his parents from all legal troubles or wife can still give them any legal troubles of civil or criminal in nature
5) Can husband file case for child custody after Judicial Separation
6) Can husband ask for visitation rights of child as a condition for Judicial separation
7) If child custody is not given to husband, can wife put any claim in husband's property or his father's property through child, when he attains age of 18. There is no ancestral property and all property is self acquired property of husband's father.
8) Is there any other disadvantage of Judicial Separation vis-a-vis Mutual consent Divorce other than that remarriage is not possible.
9) Can wife file any kind of appeal in Supreme Court in future
10) Can husband or wife file for divorce in future
Waiting for your replies
With Regards,
