Child maintenance
3 years ago
I am going through a mutual divorce after 10 years of mentally torterous marriage where we have a 5 years old daughter.
Wife and I have mutually agreed these below terms and conditions -
1. I will pay 12 lacs cash to wife with draft in my wife's name
2. I will give my self bought flat to wife ( Where wife will be the sole owner ) for my daughters future expense as wife is going to have the sole custody.
3. I have also agreed to keep paying the term insurance where wife will be the beneficiary if I die.
4. I also agreed to pay the Premium for medical insurance for wife and my daughter.
With all these above terms and conditions my wife has finally agreed to give me mutual divorce However my wife keeps on saying that even after divorce , she will keep on asking for money throughout life for my kid who will be staying with wife.
Hence these are my questions -
1. As I am giving my flat to wife and in the divorce petition too this will be writen that I am giving this flat to my wife for future expense of my kid and along with this flat, I am paying for yearly medical insurance too,
Can still my wife legally demand extra money even after divorce is granted either on monthly basis or yearly basis which is not even written on the divorce petition ?
2. If I don't pay listening to her deman after divorce , can she file a case against me and drag me to court ?
3. If yes, how should I save myself from her future demands after divorce as I am already giving everything which was agreed to get divorce ?
As of right now she is not mentioning about those demands in writting on petition however on phone calls she is telling me every single day that even if I pay everything agreed like ( 12 lacs cash , Flat , term insurance, medical insurance ) she will still ask for money in the name of my kid even after divorce but I don't want to pay anything after divorce as I am giving everything agreed above during the divorce itself...
Please help me and let me know how to save myself from these extra demands after divorce .
If you are okay then you can go with mutual Divorce.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
She can very well ask for maintenance for kid until and unless it is specifically mentioned in divorce petition that no further maintenance will be asked and/or paid.
You have to mention that the money of 12 lakh + house is for kid maintenance and education.
Since both parties have mutually agreed to follow certain terms or agreements, then online those terms will be binding. Your wife cannot claim more maintenance. Also, you should mention this limit is the agreement since it appears that your wife will not contest you directly that is why she is not stating these further demands in the agreement. Your child can further ask you for money and in this regard, your wife can drag you to court but since the demand will be mostly unreasonable since adequate money is already provided the Court will not allow any further demand.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
You should add a term is the agreement stating that any further demand will not be paid since most of the essentials are already covered. Additionally, cases of health emergencies are also included so if a dispute arises in nature the court will not favour your wife, mostly since all reasonable expenses are already paid and have been mutually agreed. Your child can however ask you money which you will have to pay.
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Suneel Moudgil
Responded 3 years ago
FYI, the child is the joint responsibility of both mother and the father, and in the changed circumstances, the mother can file a claim for the maintenance of the child,
you can file a claim for the custody of the child to put some pressure on your wife,
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