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Author Topic: Child maintenance in case of mutual consent divorce  (Read 564 times)

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Offline anitahegde

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Child maintenance in case of mutual consent divorce
« on: February 27, 2016, 10:53:02 PM »
I had filed for divorce on grounds on cruelty along with a petition for child maintenance and return of articles. The court has passed an order of Rs X as child maintenance. Now me and my husband have settled the article exchange and have decided for a mutual consent divorce. My question is can I ensure that my husband can pay Rs X as ordered by court for now but I can have the liberty to approach the court in future if I want the maintenance amount be increased based on changed circumstances. Will this be entertained in the court later if I have a clause in the mutual consent petition. Thanks

Offline rajgopal sripathi

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Re: Child maintenance in case of mutual consent divorce
« Reply #1 on: February 29, 2016, 08:00:17 PM »
Hi
Once you file for mutual consent with maintenance then the amount figured in maintenance cannot be changed.
however the best option could be that you enter in to a separate compromise agreement (this needs to be filed along with MCD papers and stamped by court) which says
a) Maintenance to be enhanced periodically every year by 10%
b) In addition to maintenance adhoc expenses pertaining to Medical (including hospitalisation) to be paid by husband till the child achieves 21 years of age.
c) Education expenses of the child including overseas collegiate education to be paid by husband in full at the time of commencement of college education by child.
d) Marriage expenses of the child to be borne by husband at the time of marriage of the child.

Ensure that the terms of compromise agreement are acknowledged by court and is a part of your divorce papers.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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