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Sunil Patil (Engg)     29 October 2011

Settlement for alimony and backtracking by wife

Hello everyone,

2 months ago wife signed a settlement in the presence of mediator appointed by the court. Subsequently proceedings continued to close passing a divorce order. She came over for all the proceedings and agreed to everything in front of C.J.

Now she has backtracked after I made a huge alimony payment in the form of Postal schemes in the name of my daugther and showed originals to the court & her (after she proposed that I invest in postal schemes in front of C.J). She says she wants the money in a bank account that will mature when the daughter becomes 18yrs old. I've kept my committment as a part of the settlement terms.

What are my options under this circumstance to close the matter ? The C.J is aware of her dodging techniques over the last 2 yrs.

Thanks.



Learning

 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2011

:-) No brainer.

Contest the cases now. 

 

That is why it is important to draft the agreement properly.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tajobsindia (Senior Partner )     30 October 2011

@ Author / Ld. Shonee

I differ to advise being given to 'contest" the cases by ld. friend Shonee.
Reasoning: You both have put whatever efforts to close all cases and come to some understanding and huge investments were done accordingly as per your briefs. The moment you pre-maturely close Post Office made term Deposit or MIS or whatever way you invested such huge amount (figure not known as maximum is 9 L which one can deposit in Term Deposit as per my info in Indian Posts A/C) and age of child is also not known. Hence the best middle path at this 2 months post re-thinking is to sit again with wife and politely discuss what exactly she wants the 'investment' to finally go where? If finally she says Bank then politely tell her the pre-maturity withdrawal charges (I think it may be 1% or 3% check again with post office) and ask her will she meet the pre-mature withdrawal charges so that you can withdraw (close it) immediately and make revised arrangements as per her wishes finally !. Ask her to be last time reasonable an do tell her how much the charges are :-) If she is resonable then she will keep quite otherwise I also see from financial planning and ROI (interest) point of view that Post Office Deposits earn lesser interest compared to say "Federal Bank" made deposits which earns the highest as of today's interest base point rates and or "Karur Vyas Bank" deposits earns much better interest over Indian Post Office deposits and or over other pvt. sector banks is my comparitive view. Hence calmly review investments made in Post Office and post withdrawal charges according to change in her plans and which Bank gives more maturity value compare them and what you have to do now is to make a Under Guardianship Saving Bank Account in child name u/g of your name and first deposit the 'huge investment into it" Keep minimum operating balance and then transfer rest into a F/D as your child name u/g of yours and present the Instrument to her with instructions to Bank to transfer maturity value upon maturity into same U/G Saving Bank Account.  Here is a catch, the moment you open u/g account the bankers will issue u/g cheque leaves of child name followed by your name. So draw the first cheque leaf  from it and put maturity date and present it to your wife so that any of her devilish thought is put to rest in case she doubts about who will get maturity value if your name is there in F/D. Write at the back of the cheque “the amount withdrawn is for the welfare of the child” and sign it which is as per Rules of minors interest protection as contract is void if done on behalf of minors !!!!. Keep Xerox copies of F/D as well as F/D. You too are secure with your investments in a F/D least she pre-maturily withdraws it post decree in proceedings and ndoes not care for the child which sometimes fathers in such moments also think!
So if found my suggestion worthwhile then PM and doing research act accordingly instead of re-starting cases all over again is my limited view. Start fresh your life man as already lots of grounds have been lost in father / child bonding and or your youth destroyed all these years in Court cases ....whatever.

Sunil Patil (Engg)     30 October 2011

Thank you Tajobs.

I did a total of Rs 12lakhs (7.5 in Kisan Vikas Patra and 4.5 in Monthly Income Scheme from Post office). The lock in period of KVP is 2.5yrs while MIS has a lock in of 1 year (deduction of 2% for premature withdrawl). Since the minimum lock in period is as described, it becomes a constraint. The child is 4.8yrs old.

Will meet the CJ tomorrow and explain first what the situation. Will send PM. Kindly do respond.

Thank you for the advice...I to want to start my life fresh...too much has been lost in all these years (not talking about money).

ANAMIKA VICHARE (LAWYER)     16 October 2016

In my opinion, you have complied your part, so decree will bepassed

 


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