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Pulak Pravat (Research)     12 June 2014

Mcd

Hi,

I am about  to  file a  MCD, want the follwing clarification. 

I am   Govt. employee  live in Govt.  Qtr ,     earn  about   75, 000   (after deduction of  Tax and HRA).    I will have to  pay about 30, 000   EMI   for loan.   Wife  is well educated (earns  from   tution, but there is no official record).   One     female child. 

Q1.   On what basis MCD is granted ? Does   the court  ask   for declaration of    assets while   giving decree ? 
If both parties agree on whatever deal,  does the court interferes ? 

Q2.   Is it GOOD  to  go for onetime  settlement    or monthy or yeraly  one.

Q3.    I want to pay alimony, but do not want   the binding  (it restricts my movements, changing jobs or place etc.)   Thus want   the  alimony to be minimum  on paper. Can I separate it as 

  (a) alimony  (b) child care   and  (c) child education 

In that case what should be amount, so that  the court does not  question ? 

 

Please reply.  Thanking you, 

 



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     12 June 2014

pulak mcd petition is filed jointly by the husband and the wife in the family court, make your common mou write all points or conditions on which you both parties agrees on your suitability , one time alimony is much better option go for it , court will not ask itself about your assets if any party didn' t raise this question.

Pulak Pravat (Research)     12 June 2014

Thanks a lot. 

Q1. "writing a common mou"   means  write   all    points of agreement  on the  petition,  am I right ? 

Q2.  Both   of us need to be present  (along with a lawyer)   while filing the petition ?  

Q3.    We don't have a marriage certificate (pictures   or invitation cards,  it was in a temple  simple  one).   we had a afidebit and   both our passports carry each others name as spouse  (16 yrs of marriage). Do we need to   registrar  the marriage before filing  divorce  ? what  are other options ? 

Q4. Does Alimony includes child support (she   wants the custody) ? I    am not sure  if    cild   would like to stay with her  after    becoming adult, thus  I want to separate  Alimony and Child support  ( so that I don't have to pay her, if child stays with me).

Q5.  Can      opt for  One-time  but in  4 or 5 installments   (3/4 years apart ) .
1st installment  pay instantly;  other installments    conditioned  on re-marriage ?

 

Please  help.   

 

 

 

Laxmi Kant Joshi (Advocate )     12 June 2014

1.yes , you are right. 2. Yes , your both husband and wife presence is compulsory while filing for mcd petition in the family court . 3. Doesn't matter 4. Clear everything in your mou who will take custody of the child if she is interested then pay the share of the child to her , write in your mou that in future she your wife will not claim any money towards child maintenance, Education , medical , marriage and for other issues , if you take custody of the child then less the alimony negotiate the matter and then fix alimony.5. No, you have to pay instant, or you can pay it in two installments one in your first motion when you file your mcd and second at the time of divorce decree .

Adv k . mahesh (advocate)     12 June 2014

i agree to the answer above said and Q4. Does Alimony includes child support (she wants the custody) ? I am not sure if cild would like to stay with her after becoming adult, thus I want to separate Alimony and Child support ( so that I don't have to pay her, if child stays with me). you have to decide carefully the custody of your child if after adult the kid wants to stay with you them mention in the mou correctly and accordingly decide the alimony to pay to your wife and say if your kid is 5 years and you want her custody in future say 10 years also mention in mou carefully and about your remarriage also mention

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