Divorce by mutual consent - christian

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1. If she has agreed for per month payment till she remarries, then same has to be worded in parties joint petition followed by in their joint MoU and should come as her voluntary statement while recording under Oath during both motions of the parties before Bench.

2. It ends with her re-marriage is reply in brief. {But, if you are sure to find when she re-marries then this works otherwise who knows you may always remain in dark with obligation for PDC's (post dated cheques) issuance to her thinking she is still un-married!. However, this is going to be your long-term worry is my view. Well if after divorce ex couples are remaining in good books with each other then it is possible to know when she re-marries and with which the per month payment ends as per binding terms of MoU / Statement under Oath}.

Suggestion worth trying:
Flowing from above; like in Pension disbursal process followed by Government Departments system, a pensioner has to give Certificate of his being alive each fiscal year to Government (to his ex Department) same way it is suggested to seek her remaining un-married status Affidavit sent to your registered address each financial year or every 12 months whichever is convenient which is a progressive social view

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Go for one time payment  and onece and for all settle the matter.

If it is not specifically expressed in MCD petition and divorce decree that the monthly payment will stop once she remarries, you will be in difficulty.

Dear all - Many thanks for your replies!

I cannot consider a one time lump sum - i dont have the means.

We have already submitted the petition here in Bangalore and there is no mention of remarriage or any other conditions including preventing future amendments. The decision is due to come up Feb 2015

We have been in touch with each other but was very surprised to learn she plans to marry immediately after the divorce comes through to a doctor abroad.

I have a 10 year old son (her custody) and she intends to take him abroad. While I am not against her looking for stability in her life, I would like to understand what changes are possible post the divorce.

Regards,

Vikram

If that is the case, dont pay the lumpsum.She is using you as a tool.

First, are you interested that child be taken abroad or not.  If not or otherwise also, you must buck up.  Talk to her and reach to an agreement about maintenance as well as child custody.  The agreement shall be on the stamped paper under the gaze of expert advocate as it is the settlement reached in the interegnum period between the first and second motion, which is unheard of.  As she is in the dreams of living happily ever after, after feb. 2015 in foreign green postures in the company of new found love, you can emphatically put your conditions of stoppage of maintenance immediately from the date of her remarriage and also about the custody of the child.  While taking decision of the child, you must be magnanimous to keep the best interests of the child instead of your selfish interests.  Once the settlement is reached, you can file it in the court before the second motion and the second motion will be taken down with the newly reached agreement and divorce decree will be granted as per those terms.  But hurry up.

Well advised by learned advocate Mr. Chandrasekar. Besides, the agreement made out between you both in the intermediate period should be precise about the child custody, if you do not  want your child to be separated from you for ever,you may resist her move of taking the child with her,in my opinion she will be happy  and relieved when you ask for your child custody because she has already designed her plans abroad and this child may be a hindrance to her at abroad with her new husband.  You may follow the advises rendered by adv. Mr. Chandrasekar.

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