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Indermohan Kapoor (Retired)     22 December 2013

Reclaiming maintenance in 14 months old mutual divorce order

I got a mutual divorce order 14 months ago from family court, in which I given custody of 16 years old daughter to my ex-wife, I also given a POA of my flat as a compensation for mantainance and alimony which is costing Rs. 40 Lakhs, beside 2 Lakhs cash bank balance, 5 Lakhs of fixed deposits and nearly 300 grams of gold ornaments valuing approx. 10 Lakhs... all together I had given 57 Lakhs to them.. 

Last month ex-wife send a letter through a lawyer asking a monthly mantainance of Rs.10,000 for custodian daughter.

I still never undergone to register the POA at sub registrar office..

Please help me how to handle the situation??



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 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 December 2013

Didn't you take anything in writing about the maintainance of the wife and daughter? Wasn't the maintainance of daughter included in the agreed amount? How was the amount to be apportioned between the wife and daughter? If the POA is unregistered it is not valid. You can revoke it if you want.

Indermohan Kapoor (Retired)     22 December 2013

Dear Adv. Archana,

We undergone with notarized divorce deed in Ahmedabad.

In notarized deed it was clearly mention that ex- wife will not claim for her or for custodian daughter in future from any court or semi government organization or by NGO's.

this notarized deed was attached with a mutual divorce application and in judgement order was clearly stated please see attachment.

there was no amount apportioned between the wife and daughter.

Only a flat was committed to given them in court order.

Please let me know whether revoking of POA will not consider as contempt of court order.

Thanks for anticipation..


Attached File : 730638876 doc-p.jpg, 730638876 doc-m.jpg, 730638876 doc-n.jpg downloaded: 198 times

Indermohan Kapoor (Retired)     22 December 2013

remaining page of decree order..


Attached File : 730638876 doc-o.jpg downloaded: 117 times

adv. rajeev ( rajoo ) (practicing advocate)     22 December 2013

Whether it is civil court/family court decree?

adv. rajeev ( rajoo ) (practicing advocate)     22 December 2013

If it is court and in the compromise decree if there is no word of maintenance then your daughter can seek maintenance and divorced wife can also.

Indermohan Kapoor (Retired)     22 December 2013

Hi Adv. Rajeev,

Please see attached four page decree order in attachment..

 

Regards,

 

T. Kalaiselvan, Advocate (Advocate)     22 December 2013

You have attached only the order copy and not the judgment copy.  In judgment copy the complete details of your maintenance/alimony particulars will be available. However, as per the orders, it is understood that you have agreed for settlement of house property and jewels towards maintenance of 1st petitioner, i.e., wife, there is no mention about monthly maintenance amount to your unmarried daughter, what are the contents of the notarized deed attached with the divorce petition?, have you agreed to give any maintenance amount to your daughter? If the recital in the said deed mentions something for the daughter, the same has to be incorporated in the judgment, so a copy of the judgment which elaborately narrates the incidences will be handy to decide about your wife's petition for maintenance to her daughter.  Further how far is an unregistered POA will be reliable for securing the said property by the beneficiary on their name in the future?,   if you have intended to settle the property on your daughter's name, why have you not taken steps to register a settlement deed in her favor?,this act would have discouraged your wife in indulging into more such legal activities against you, take a look at your status and give a suitable reply to her legal notice.

Indermohan Kapoor (Retired)     22 December 2013

Dear Adv. Mr.Kalaiselvan,

* Please find attached Judgement copies for your reference.

* Notarized deed is in Gujarati language and I am sure it is clearly mentioned that in future there will be no claim from my ex-wife and minor daughter.

* It is also mentioned that she will take care of her food, shelter and education, etc for rest of her life.

Thanks for your kind support, hope you will be able to give me your kind suggestions on judgement and above said details on maintenance of minor daughter.

 

Regards,

I.Kapoor


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Indermohan Kapoor (Retired)     22 December 2013

remaining three pages of Judgement...


Attached File : 944344649 doc-j.jpg, 944344649 doc-k.jpg, 944344649 doc-l.jpg downloaded: 190 times

gautam (not disclosed)     23 December 2013

judgement does not say anything about maintenance of minor daughter.

it is prudent, to specify alimony/maintenance for wife and for daughter seperately

as maintenance to daughter will stop when she gets married/starts earning for herself.


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