cad4567 (NONE) 27 December 2013

Payment of alimony and maintenance after divorce

Hi Forum Members:

I am divorced from my wife she has our only child. I have not been able to pay maintenance due to unemployment and now have decided to pay her the permanent alimony money she has asked during the divorce petition along with the past maintenance. She has agreed to the same and willing to accept it.

I am not sure of the proceedings and my understanding is that through a lawyer I have to submit an application to the court and revoke the earlier order of the court for maintenance and pay her by demand draft the total said money after getting the required clearance from the court. Is this the right procedure?

Could the forum members guide me and would appreciate if the members could post if there is a standard format for the application just as MCD.

And the other question bothering me is, could she ask me for more money and claim from me later?

Thank you and seasons greetings

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6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 December 2013

Contact a lawyer will be better for you.

cad4567 (NONE) 27 December 2013

Hello Nadeem:

Yes, I will definitely contact a lawyer with regards to the application form. Was wondering if there is a standard format that I could refer to so that I have a better idea before approaching an lawyer.

I am more concerned with this question.... if there is a possibility for her to harass me later and ask for more money even after paying her through the courts.

I would appreciate if the forum members could share their opinions for such a situation.

Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 December 2013

there is no specific format of applications.

T. Kalaiselvan, Advocate (Advocate) 27 December 2013

@cad4567: There is no standard format for the subject query. If your wife has agreed to accept the offer of one time quit permanent alimony amount along with the arrears of maintenance amount, you may draft an affidavit to be made by her stating on that that she has accepted the offer money and that she will not claim any more amount towards maintenance in the future and that she relinquishes all her rights that may arise in the future in this connection and despite this, in case of any claim made by her in the future, it may not be held as legally valid. You may draft an affidavit on your side that since she has agreed to accept the offer made by you in this rgeards, today you are settling the said one time settlement amount along with the arrears of maintenance awarded amount till this date by way of demand draft/cheque No.. dated or by cash (as per the circumstances), and a joint memo attaching these affidavits as well as swearing the affidavits before the concerned presiding officer of the court will be able to solve the issue permanently. Please consult your lawyer for further details on the subject.

Sandeep Naik (Advocate) 27 December 2013

Though there is no standard format, u take all the necessary precautions to save from future harassment. Get it drafted from the advocate and seal any kind of loopholes. Once it is done , u may sleep peacefully.

Adv. Sandeep Naik Mob: 99670 56980

cad4567 (NONE) 27 December 2013

Hello:

Thanks for all your responses. As suggested I will consult a lawyer and move forward.

@Nadeem, thank you.

@T. Kalaiselvan thanks for the wonderful in-depth explanation.

And @Sandeep Naik, yes its been long for people like me who for no wrong done but have been accused of harassment could get some well deserved sleep even though at a huge financial cost. And also, let people who make millions out of our hard earned money sleep well.

There is no pun intended but those are words of a broken person. I finally intend to have a closure to this epic saga of "marriage" once and for all.

Once again thanks