Alimony

Querist : Anonymous (Querist) 08 June 2018 This query is : Resolved
Gave alimony to wife in mutual divorce. But it is not mentioned in the main petition because she did not ask for it earlier. She took the money and signed the receipt on a 100rs stamp paper with two witness one being her own father during the day of the final hearing. Is this legally valid. Do we need to register the transaction. Already got the divorce decree.

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Vijay Raj Mahajan (Expert) 08 June 2018
Although the amount of Alimony paid to wife should be mentioned in the divorce proceedings as a statement of acknowledging the amount of Alimony received by the wife. Your inefficient advocate made big mistake not recording this in case file of the court.
The receipt given by wife which is duly witnessed by two person is only document that can prove payment of Alimony to wife.
The receipt can be further notarized to make it more authentic if this document is not being registered with sub-registrar of your district.

Querist : Anonymous (Querist) 08 June 2018
Agreed. But she did not ask for it previously by saying that she don't need it. But few days before the second motion she asked for the amount otherwise she will not consent to the divorce. After little bargaining an amount is fixed. So there was no time to incorporate the alimony clause in the main petition. How to get the payment deed registered. Where to go.

Vijay Raj Mahajan (Expert) 08 June 2018
The second motion statement could always mention her getting this amount. I did for one of my client where wife asked for alimony before second motion and no mention of Alimony main divorce petition. Don't defend your associate's inefficiency here.
Get the receipt notarized and keep it with you.

Vijay Raj Mahajan (Expert) 08 June 2018
The second motion statement could always mention her getting this amount. I did for one of my client where wife asked for alimony before second motion and no mention of Alimony main divorce petition. Don't defend your advocate's inefficiency here.
Get the receipt notarized and keep it with you.

Guest (Expert) 08 June 2018
I endorse the views of Shri Vijay raj Mahajan.

Querist : Anonymous (Querist) 08 June 2018
I am not defending anyone here. What he told us I simply said so. Anyways thanks for your guidance.

Ms.Usha Kapoor (Expert) 09 June 2018
I agree with Vijay Raj Mahajan.

Alimony

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