Maintaince of child after divorce when permanent alimony is given Maintaince of child after divorce when permanent alimony is given

4 years ago

I married in Oct 2015. Me and She both are working in Govt department.
boy born after 1 year of marriage.

Then dispute started.
She filed false 498a and child maintiance cases in court.

Then we compromised for MCD.
We gave permanent alimony 7 lakh to both(child and wife), out of which she made FD on child name amount 2 lakh up to age of maturity of child.

My wife withdraw both cases.

I got divorce on Nov 2018.

MoU signed between me and My ex wife That we, our family member, relatives will not file cases each other in future. And she will not claim maintaince in future for herself or for child. To take care child in every way will be sole responsibility of ex wife.

Now after 6 months of divorce she is threating me to file child maintaince case again.

Will judge can order me to gave maintaince to child, when i already gave permanent alimony to child and MoU was signed that to take care child is sole responsibility of her.

Can she demand maintaince through child?
This will be breach of agreement ?
If she file case.... can i take action against her?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
It all depends upon terms of divorce. If the wife has taken alimony of herself and also on behalf of the child then child cannot filed any such case it amounts to breach of agreement.

Thanks.
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Shreyash Mohta

Responded 4 years ago

A.Nothing will happen.
You wife cannot claim anything. As you have already paid permanent alimony.
The court will not allow such a case.
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Munish Goyal

Responded 4 years ago

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A.She cannot do anything, nor she will get anything from u as maintenance now, nor even her child can get maintenance
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Rameshwar Dadhe

Responded 4 years ago

A.U will need to file contempt of court against Ur ex wife immediately. Don't worry
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