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kush (engr)     29 November 2012

Alimony amount

Dear Sir/Madam,

Regarding my divorce, we had joint talks with the girl’s side and they have demanded Rs. 20 lakhs. We are also ready to give the said amount and we are planning to go ahead with MCD. Apart from this they have also put certain conditions and they are very adamant on this and the points are:

1)      Not to mention about the money in the joint petition   and also they want to take money in cash outside the court. How ever they told that it can be mentioned that girl will not claim any amount in future. They are suggesting  to give them  money through a third person who is also very reliable to us.

2)      They also told that not to mention about the jewellery in the petition. In our case all the jewellery is with the girl.

 

I have following queries:

a)      Am I going into a trap and in future she may trouble me for maintainence?

b)      Can you suggest me how to write in the petition of MCD so that I should have no problem from her in future.

c) Kindly suggest me why girl side want to take money as a black money?

 

Regards,

Kush



Learning

 2 Replies

Self service (None)     29 November 2012

Don't do any thing like this. What ever you have to give should come as part of MCD. Also court will not agree without evidence or by not giving any thing. In all MCD cases draft copy submitted to court.

Looks they find you soft target, refuse all demands. If possible also no need to give 20L until some basis of such demand exists.

Do mention jewellay in MCD, otehrwise they can put demand of "Streedhan".

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 November 2012

Don't get into this. The Girl's side would completely refute any reciept of payment. Any money is preferably paid in teh name of court vide a Draft that too at the time of second motion, as the girl has the option to back out after first motion anytime before the divorce is finalised. The Memordandum of Understanding (MoU) that precedes the filing of mutual consent should be very carefully worded so as to rule out future litigation. 

As regards maintenance aspect - there have been cases where mainteancne has been claimed after mutual consent and has been granted. There is a conflict of opinion on this issue amongst various high Courts. 

Consult a seasoned family law practitioner.  

 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia


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