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NiceManMyself (self)     21 May 2015

Maintenance after ex-partee divorce

Hello everyone,

I got ex-party divorce in December 2013, after willful desertion by my wife in August 2011. Since she didn't contenst the petition or didn't come to court, the court awarded ex-partee with no cost involved. I was told through my-wife's lawyer contact that he will get power of attorney for join properties. For various reasons, the power of attorney was not signed, when i was following up last week, the wife's lawyer informed that she needs Rs. 10,000 per month maintenance, 5000 for medical expense and 5000 for montly expense as her financial position is precarious.

 

When i contacted my advocate, i was adviced to create a fixed deposit for Rs. 13 Lakhs or 15 lakhs in my kdis name (kids are with me), and assign monthly interest to her. Since the case is over, i am adviced to prepare MoU towards this. I need to make sure that there is no further demand, and that she doesn't claim for the kids in future. I also want to make sure power of attoerney is provided to me, before i part with the money.

 

I need advice on whether this approach is okay, or any alternative solution is available. What other factors i need to consider ?



Learning

 2 Replies

FREDYCHARLES RK - Bangalore (Advocate)     21 May 2015

Hi Niceman, The world is not always nice at all times. Where there not a submission in your exparte Divorce that clearly sealed the leaks, like full and final settlement, no maintenace, etc etc ? Normally a period of appeal subsists on every order passed and if there were none then play it to your advantage

NiceManMyself (self)     21 May 2015

Dear Sir, since this was as ex-partee, court mentioned in decree that - there is no order as to costs.

 

But, i am morally bound to pay her some amount, ethically (may not be legally), since i lived with her for 13 years, and have two kids.


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