haha 27 May 2016

maintainance arrears during mutual consent divorce?

Hello I have filed DV against my abusive husband who deserted my daughter and me for another woman.An interim maintainance amount of 15000 was set, however it's been 4 months and he still hasn't paid a penny. He applied for an appeal in district court and hearing is pending for next month end.Now he wants divorce through mutual consent, the talks have begun right now and are in very early stages. My question is even if we agree on an amount as one time payment, what happens to the arrears, do I ask for them first before any drafting ? He seems to be in hurry and wants to file for divorce before that hearing. But shouldn't I ask for the arrears first? He is avoiding it and saying this lump sum includes arrears?????

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8 Replies

(Guest)

Better to negotiate lump sum amount and adjust arrears in the same. Getting arrears first or during MCD is not worth fighting over.

SAINATH DEVALLA (LEGAL CONSULTANT) 27 May 2016

Not a bad suggestion from member Autohide,act accordingly

Mrs. Bakshi (Social Studies Reader/Worker) 27 May 2016

If you go behind arrears, you will have to file execution petition of maintenance case.

But it depends on what terms and conditions are drafterd in MCD.

Going for execution petitoin will lead to warrant issue if he does not pay, 1 month jail if not paid old balance, after that old balance is written off. New balance starts.

You better file execution petition by discussing with your lawyer. Dont let the maintenance case go. FIle a permanent maintennace application too, if you take alimony once for all, you wont get money each month, so I suggest you to file 125 crpc applicatoin seeking permannet alimony.

Dr Martin Campbell (Doctor) 27 May 2016

You can file like suggested above or you can file ulitmate weapon 498a. Chances are he will come up with good figure for one time settlement and you can jollywell get divorced too. Think about it.

SAINATH DEVALLA (LEGAL CONSULTANT) 27 May 2016

Once both of U come to a conclusion that U cannot live together,my sincere advice is to opt for MCD,which would be easier with out legal hasseles.The court will strictly act according to the contents of the MCD and the statements of both the parties.maintenance to bepaid and the arrearers to be recovered can be penned in the MOU.

Hence instead of running after courts wasting time and money make sure that MCD goes through.I am not suggesting criminal cases to be applied in case MCD goes wrong,at this stage these are immaterial.

haha 27 May 2016

Thank you all for the reply, he is bullying us a lot and says what he makes as full time settlement is all I get, I have been advised to get my arrears of maintenance, I will incorporate in the MOU as suggested.