Rojer (Head IT) 15 July 2011

Rights of my son after divorce

Hello Experts,

After false complaint filed by my wife in CAW cell, we are almost at a stage to settle for a divorce. My in-laws started by demanding huge money and after lot of reluctance by us matter may be sorted out at a reasonable compensation. I would like to know couple of points on MCD and settlement:

1. I have 2 years old son that my wife is not ready to give me custody, so after one time settlement, can she/my son claim on my father's house/property later on (even after divorce).

2. I have not bought any property as yet but plan to buy, can they claim their share in my property as well?

3. What all points should i include for MCD? I saw a document in LCI - "15_15_sepration.doc". Are these conditions enough or do i need to include more to make sure no body troubles me in future.

Thanks....

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4 Replies

Doveson (advocate) 15 July 2011

If ur father dies intestate, ur said son can claim his share. Similarly if u die intestate, ur son can claim. Even after divorce, ur wife can claim for maintenance on behalf of ur son.

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SACHIN AGARWAL (ADVOCATE) 16 July 2011

If it is mentioned in the Petition that the permanent alimony has been paid to the wife and the son and in future they shall not be entitled for any other benefit, in that case, they would not be entitled but in other case, they may claim in future.

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Rojer (Head IT) 16 July 2011

Thanks Sachin and Doveson..

So, as per my understaning, i need to do following

1. My father should declare his WILL mentioning no rights of his grandson

2. Add in MCD petition that permanent alimony has been paid to the wife and the son

members, Please suggest if anything else needs to be mentioned to avoid issues later on.

Krish Narayan (Advocate) 16 October 2011

Pay permanent alimony to wife as full and final settlement of all her claims and in the same manner to your son. Put this line in your mutual petition that "Neither the wife nor the son has right, title, interest, possession, inheritance, succession or claim over your immovable properties or your future earnings"

Best of luck.