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Prasad   25 May 2016

Mcd and maintenance

Hi,

After long time, my wife agreed to MCD on some settlement. I have filed a divorce case in Tamilnadu and she filed maintenance crpc 125 in Kerala.  She agreed to withdraw on settlement. Now what should I do? Should she come to Tamilnadu if I withdraw the case or just my lawyer is enough to withdraw the case as I am the petitioner. What about the procedure on her part in maintenace case. Is there any chance of getting maintenance later? Please advice.

 



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 6 Replies

Eerangere Sana (Excellent Lawyer)     25 May 2016

You cant do anything now, cases willl go on. fight divorce case based on merits and also 125 crpc u fight, if she is working woman, no alimony for her, even if she is well educated she cannot be given alimony.  So dont lose hope, fight cases based on merit, if she again agrees for one time settlement, withdraw your divorce petition and file mcd based upon pre agreed terms and conditions.


(Guest)
Draft MOU with help of lawyer and both parties sign. The MOU can be submitted to dismiss maintenance case and convert divorce petition to mutual consent. You have to mutually decide logistics of who travels where etc.

(Guest)
Wife has statutory right to maintenance after divorce also. Such right cannot be surrendered by any mutual agreement. However you can draft agreement properly to ensure that settlement amount is towards all past, present and future maintenance. This will reduce her ability to come back later asking for more. There is no 100% guaranteed way to defeat all her future claims, but well drafted MOU is best best forward for now.

A walk alone (-)     25 May 2016

Draft MOU with the help of experience lawyer submit it to dismiss maintenance and convert divorce into MCD. All financial matter related to alimony should be very clear in MOU

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     25 May 2016

Draft MOU and statement has to recorded before the Hon'ble Court in this regard

Mukesh sharma (job )     26 May 2016

Hi prasad you need to draft a MOU with help of your lawyer who help you in youur case and file in court and after if your wife is working than if she file for maintaince than you need too proov it with show her salary slip where she working than court reject her application in 125 

in second if you not want to travel you need to file mutul divorse case 

so plz take help of your local lawyer 

thanks 

 


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