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Rahul (Engineer)     10 July 2014

Mutual consent divorce under hma 13 b(1) & future claims

What is the way out to be on the safer side like making any sort of clause/term in the Mutual Divorce Consent Petition so that wife or minor child can not claim any thing in future after full & final settlement under HMA 13 B (1) divorce???

Also how it works in the Permanent Alimony case that is section 25 CPC. What terms are being mentioned over there to be on safer side from any future claims despite of any change in circumstances to be claimed by wife after full & final settlement under HMA 13 B(1) ????

What is way to Draft agreement/
contract act in such a way so that it is not opposed to public policy as sc said under any CPC or CrPC acts???



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 2 Replies

Tajobsindia (Senior Partner )     11 July 2014

1. Public policy = a ld. Judge social prudent views. If you can TODAY think what that could be that also for something from future then that is your contentious nemesis. 

2. If cannot then I will tell you the best peace of mind i.e. before proceeding on such exercise make efforts indirectly to fix re-marriage proposals for soon to be ex-wife without letting her get a whisper. That way she r/w minor child 99.5% will not be eligible for any future social (public policy) claims. 

3. It is doable only of one is social practical person and has large network in society.

4. If you still cannot then surrender yourself to a paid prudent senior advocate's well drafted MoU T&C.

Take a pause from all legal readings – ideating with legal minded friends of yours and think on above lines as that is where your future questions answer lis rests. 

[Last reply]

Rahul (Engineer)     11 July 2014

Thanks Tajobs for your reply.

That means in case wsoon to be ex-wife remarriage is a 99.5% safeguard for a husband.

Also in case husband does 2nd marriage then also the ex-wife & child can not claim anything from husband after F&F settlement . Please confirm ...

And rest the supporting Terms & condition of Mutual consent divorce will help the husband from future claims.


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