Post Divorce Case
3 years ago
Hi, Good morning. I'm XXX from Bangalore India. Me and my first wife took uncontested mutual divorce in 2013 under section 13B. At the time counselling it was agreed that she will not file any case by herself or on the behalf of daughter. This agreement was signed and filed along with divorce application. I paid her one time settlement of 12 lacs. This week, she is calling me and asking me " pay kid's educational expenses otherwise I will go to court".
Child custody was given to her and one time settlement was given her for all expenses. At the time of divorce, there was no property in my name. There is one property on my father's name which is transferred to my mother's name after the death of father. We are three brothers (including me) and no sisters.
How can I deal this? Can she file case now? If she files a case, will this not be contempt of court? Can she ask for modification of divorce decree after 7.5 years?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
As you have a settlement agreement in place, your wife cannot claim more maintenance from you for her own personal use. However, as a father, you have a responsibility to pay for your daughter's upbringing if your ex-wife is unable to. This holds true regardless of the fact that she has custody, because the girl is still your child. As such, it is better to pay this amount for your daughter's education out of Court; you can pay it to the educational institution yourself so you know where the money is going. You can also use this as grounds to gain more custodial rights over your daughter, if you so choose.
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You have a duty to support your child until she has attained the age of majority. However, her claim is unlikely to succeed as you have already paid her one time alimony, with an agreement in place to ensure she does not claim anything from you in the future. It will not amount to contempt of Court, but the doctrine of res judicata will be applicable to this case.
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Sanjay Kumar Jha
Responded 3 years ago
Verify your terms of 13B, if it was all including ur child rearing , and if it was agreed then no issue. But was any time period of the age of ur child define bearing experiences. If it was not then that may creat an issue but only Through court. Responsibility of child up to age of 18 must conjointly or who can take care better.
Thanks
Advocate Niyas Fazal A
Responded 3 years ago
You cannot escape from your parental responsibility towards your child.
Disputes between both of you can settle in a settlement process but regarding your children I don't think so.
One more if she married another person you can demand your daughter custody.
Upto you daughter marriage, the father has to bear all the expenses of the daughter.
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