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help_divorce (SC)     15 February 2016

Maintenance after divorce decree

Can ex-wife claim maintenance for herself after divorce decree? According to MCD terms, I am suppose to pay maintenance for my child only and his school fees. 

Can ex-wife now file for maintenance for herself and claim my property?

Divorce was done through MCD in 2011.

 

 



Learning

 3 Replies

saravanan s (legal advisor)     16 February 2016

everything that is specified in the mou only must be adhered to

sumant sudan (owner)     16 February 2016

while undergoing MCD that very term would have been dealt with i.e past,present and future maintenance. By that term only both be governed. adv. sumant

Samir N (General Queries) (Business)     16 February 2016

To put this in legal perspective, an MCD is a contract and therefore governed by the Indian Contract Act.  If the MCD was arrived at without coercion or undue influence, etc. it is a valid contract and someone cannot demand anything not covered by it.  However, to give you accurate advice on your specific case, one will have to see the MCD agreement and the precise language used in it. Unfortunately, many advocates are unqualified to draft a good MCD document. They just scribble a few points and create a Pandora's box to be opened in the future. This actually works in their favor but to the detriment of the parties. In fact, they themselves encourage litigants to then reopen the case!!


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