Guggi Nayak 14 October 2015

Wording in mcd - compensation instead of alimony

My wife and I havce agreed to have MCD and the amount to be given to her has been mutually agreed.

In the draft of MCD, I drafted giving that amount to her as Alimony. She has reservations for this word and wants it to be drafted as "sharing of marriage expenses". She is financially independent and can earn enough to take care of herself.

a) Will having this phrase instead of stating it as alimony OK?

b) Will it create any issues in the future, just in case she changes her mind?

c) Is it OK to use compensation as an alternate term?

This will be according the Hindu Marriage Act.

Soliciting practical advise and thanking you in anticipation.

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4 Replies

saravanan s (legal advisor) 14 October 2015

i think its better to use the word one time maintenance instead of the word alimony as she is apprehensive about using the latter word.

b.goheel 14 October 2015

“Soliciting practical advise “

true, everyone approach for Soliciting practical advise bt only one thing is skipped from mind tht advise is based on the information we provided.

As per the post, it appears u hv made MCD and ur to b ex is apprehensive abt word ‘alimony’and insist “"sharing of marriage expenses".instead.

In absence of full details, how seniors knw whether any alteration subtraction is needed in accommodating the word “ sharing of marriage expenses" in MCD just it may proceed smoothly.

(Guest)

Its a sweeter way of telling I borrowed money rather than saying I begged money. You may stick on to your version of "alimony" and not put it as "marriage expenses", she is telling it coz tmrw some one should not tell she asked alimony but she may put it sweetly as an independent woman who just asked marriage expenses back and not alimony.

But in reality it is immoral to ask marriage expenses back, as both would have contributed to the deal called as marriage, someone came ate and shat, whats the point in asking money back ? What she has asked ethically and legally is permanent alimony, and you have to put it as ONE TIME PERMANENT ALIMONY and not AS marriage expenses, as doing like that she may in future ask you alimony stating that you gave back marriage expenses and not alimony.

Google definitiion for alimony according to Indian Law.

I walk alone (Asst Manager) 15 October 2015

Guggi Bhai, do a dance on this chance....

You show your reservations as Paying Marriage Expences contributions is costly affair and might attract Income TAX complications on her side. Instead, if she agrees to write one time alimony or maintainence, it would be easy for her. Put the ball in her court in a closed bracket (Limited Options)

Moreover, Tell her clearly, sharing marriage expences are not alimony or maintaince and there is no provision in LAW to share marriage expences. If she/her family was such bothered about expences from their side, who asked them to invite 100s/500s of people and cause them grastric for a marriage that didnt work. So, it has to be "ONE TIME SETTLEMENT AMOUNT/ ONE TIME MAINTAINENCE AMOUNT/ ONE TIME ALIMONY"