eswar kumar (des) 16 September 2016

Mutual consent - alimony to kids

My Wife and me are going to submit mutual consent divorce on desertion ground.
I am going to give XX lacs to her and XX lacs to my 2 childrens.
we decided to give her alimoney in Demand draft and there is no restrictions on that.
But For my kids and their future,
money will be deposited in Bank as fixed deposit.
This fixed deposit money will not withdrawn till attain thier majarity(after 18 years).
But for this money my wife will be guardian.
My question is, I want to make sure that my kids money will not withdraw/use before thier majarity at any circumstances.
What is the good procudure to safe guard my kids money from my wife till their majarity?

Thanks a lot

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2 Replies

Vijay Raj Mahajan (Advocate) 16 September 2016

Firstly there is no ground required for divorce by mutual consent, the parties living separately or not in husband-wife relationship for 1 year or more is only condition for filing petition for divorce by mutual consent.

Secondly any term and condition with regard to use or avoid mis-use funds assigned or deposited in the fixed account of the bank for minor children should be clearly mentioned in the divorce petition itself, any contravention in the term and condition will be punishable in the form of recovery of the amount from the wife with interest can be mentioned in these terms of agreement.

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vishak (manager) 16 September 2016

the only way is to prepare FD for a balance term, till 18 year age of children.

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