Aatmika (Clerk) 28 April 2014

Permanent alimony questions

Hello, My aunt's husband has taken 15 Lakhs, and now we have mutually agreed to settle it for 6 Lakhs.

But he has smartly created a agreement for Mutual divorce. The doc reads that he will be paying 8 Lacs as permanent alimony for the baby, and also the agreement says that NO future alimony should be claimed.

So if we sign this doc, does it mean that we cant file any future maintenance, but i read somewhere that we can still file a maintenance case stating that the money is not enough.

Please help ..

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4 Replies

Laxmi Kant Joshi (Advocate ) 28 April 2014

No , once you agreed in your mou that may be treated as full and final , after that you cannot claim anything which is already written in your mou .

Aatmika (Clerk) 28 April 2014

Thanks a lot laxmi

T. Kalaiselvan, Advocate (Advocate) 28 April 2014

It is not all the doors are shut with a single MOU filed during the MCD proceedings, especially the rights of the child to the father's property or any other claim as a legal heir or right to share in the ancestral property will not extinguish by signing the said understanding. This can be challenged at a later stage either by the child or even the wife itself. What abut alimony to the wife?, Is she not going to get anything out of the termination of marriage? do you have evidence for advancing the said amount of rs. 15 lakhs?, if so, a money recovery suit can also be filed.