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Author Topic: Can wife demand more money afterwards  (Read 1138 times)

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Offline Gimmey

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Can wife demand more money afterwards
« on: January 30, 2016, 11:13:01 PM »
I got divorce decree on 12.08.2014 under dhara 13-B Hindu Vivah Adhiniyam. It was divorce after procedings through Lok Adalat at Supreme Court. It was one time settlement. In our Lok Adalat papers it was mentioned that - "it is full & final settlement towards past, present & future claim including her maintenance, stridhan, alimony expenses. Petitioner (wife) would have no claim whatsoever in future with regard to movable and/or immovable assets of the respondent (husband) and/or his family members hence forth".  10L paid to wife & 12L paid for son. Total 22L paid & returned all jewellery as well some house items. In the affidavit submitted during divorce proceeding by wife it is mentioned that - "I state on oath that all the conditions levied by Hon'able Supreme  Court & the amount as agreed by & between the parties has already been received by petitioner no. 2 (wife). I state on oath that nothing remains as per the consent orders to be received from petitioner no. 1 (husband) hence the decree of divorce may kindly be passed in favour of petitioners". Son was 12 year old when I got divorce decree.  I have certain doubts -
1)   I want to know that can wife ask for more money after this giving reasons of souring prices she is not able to meet expenses and higher education cost of son.
2)   So, if I excel in life & earn more money does that mean that I have to give more money to ex wife.
3)   Can she & son claim share in my & fathers property evenafter full & final settlement ?
4)   Do my son have any rights over my parents asset?
5)   How to safe guard my hard earned money & property from those intentional claims & legal battle from ex wife ?
6)   What is Right to Appeal  & time limit for it from date of issuing Divorce decree? After that time also can ex wife challenge divorce decree ?

Offline advbanani

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Re: Can wife demand more money afterwards
« Reply #1 on: January 31, 2016, 07:50:54 PM »
Your wife has no right to any further claim.
But your son is a natural legal heir as par law of succession he has the right to inheritance. In the absence of a will made by you or his grandfather.

By the way child maintenance cannot be settled with one time payment that part only  your wife can challenge.

Since the divorce was between your wife and you.

The legal position between son and father remains intact that has not been broken or cannot be broken especially in regards to minor child
« Last Edit: January 31, 2016, 07:52:57 PM by advbanani »
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline Gimmey

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Re: Can wife demand more money afterwards
« Reply #2 on: February 01, 2016, 07:43:11 AM »
Thanks Adv. Banani !!

Father prepared a will and distributed his wealth/property which is of his own since he didn't have it in inheritance. What else shall he do? If he mentions my name also in his will for distribution of his property still son can ask for further expenses from my father's property?

Offline Gimmey

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Re: Can wife demand more money afterwards
« Reply #3 on: February 01, 2016, 07:45:47 AM »
Dear Friends come forward & post your expert views on the topic to make me understand it better.

Offline adv.amarnath

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Re: Can wife demand more money afterwards
« Reply #4 on: February 02, 2016, 12:33:21 PM »
1) Yes, she can claim further maintenance for your son. Judicial Order does not binds a welfare of child
2)Your wife is not entitled to get any further maintenance.
3) She cannot claim but your child has rights to claim your property after your death intestate.
4) No
5) Your wife is not entitled to get any maintenance but your child has. It is better to pay your child's maintenance. If your wife is working then you can ask to pay jointly.
6) Mutual consent decree of divorce does not have any opportunity of appeal until and unless it was done by coercion or by undue influence. But there is no limitation in respect of your child's maintenance till he attains majority.


For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Gimmey

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Re: Can wife demand more money afterwards
« Reply #5 on: May 17, 2016, 06:31:55 AM »
Dear Friends any further clarifications / comments are most welcome, kindly post

Offline Gimmey

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Re: Can wife demand more money afterwards
« Reply #6 on: May 17, 2016, 06:34:43 AM »
Dear friends further more comments and guidance will be appreciated. Kindly post

Offline advjaibansal

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Re: Can wife demand more money afterwards
« Reply #7 on: May 17, 2016, 07:50:06 AM »
Dear Gimmey,

There are contradictory view on this point what you are asking. There is solution to worry at the same time. Let me try and answer what you are asking, hope that satisfies you.

1)   I want to know that can wife ask for more money after this giving reasons of souring prices she is not able to meet expenses and higher education cost of son.
- After one time settlement for son and for herself specifically, she cannot ask for more maintenance or money from you.

2)   So, if I excel in life & earn more money does that mean that I have to give more money to ex wife.
--No you don't have to give her more money, if this will be the trend then no one will  believe in settlement done in the mediation or before the court. Your settlement was one time settlement so noting more can be asked in future.

3)   Can she & son claim share in my & fathers property evenafter full & final settlement ?
-- your wife cannot claim any share in the property of yours or your father. But your son has the right in the ancestral property if he claims in future.

4)   Do my son have any rights over my parents asset?
--Only on the ancestral property and not on the property purchased by your parents. They can dispose off the property as they wish.

5)   How to safe guard my hard earned money & property from those intentional claims & legal battle from ex wife ?
--there will be no such thing in future so take out your worry.

6)   What is Right to Appeal  & time limit for it from date of issuing Divorce decree? After that time also can ex wife challenge divorce decree ?
- There is no appeal against the mutual consent divorce. Appeal can be filed within 90 days on the grounds that the decree was obtained by fraud and undue influence was used to get the consent.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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