Hi:
I am divorced and this was passed in the Family court in Mumbai. We have a child and the custody of the child has been given by the courts to her and as per the judgement I don't have any rights per se. Due to financial constraint, I have not been paying the maintenance and now I have decided that I will pay a lump sum amount she asked originally in the petition + the maintenance amount for the past years that I have not paid. We both started talking recently and we have mutually agreed to an amount as the final payment. This is through email and I have a written consent accepting the offer from her of my proposal of payment. She is a post graduate in finance and she is working now. I am quite certain the figure she quoted to me is vastly small to what she is getting as compensation from the company and its a multinational. What are the legal aspects that I should be concerned of in doing this?
A few of the aspects that I want to be aware of:
1) I want this to be the final and last payment and I don't want any other hassle later down the years is this possible? Can she go back and file some frivolous case against me (She has accused me of harassment, which I have not done and she asked an exhorbitant sum but the court has given a reasonable figure as maintenance)?
2) A curiosity, will I have any rights to the child after this payment or am I kissing goodbye to my child forever with the hope that one day she might contact and talk to me?
3) What would be the wordings in the document that I should concentrate on?
4) Since the divorce is granted and now it is mutually agreeable settlement what are the pitfalls and the problems to expect?
5) Is the email consent a valid proof in the court?
6) Considering that she is working and I am paying a substantial sum will she ask at a later stage for more?
7) Any other aspects that I should keep my eye open
8) Would appreciate if the members could give the procedures involved in such a scenario
9) After this agreement will she have any rights to the current property that I own or any future property that I may acquire and what about my child does she have rights?
10) I have heard that there are cases that she might after taking the money might claim further maintenance after a couple of years is that possible?
Apologies for the long list of question.
Thanks and regards for the forum members help
