Is it important to mention how the permanent alimony is settled
Hello, I and my wife are filing for divorce by mutual consent. I am not paying her anything in cash, as she is staying in our matrimonial house (rented) with all household goods and also has her own car, which i paid for at the time when we were married happily. We had also returned her jewellery (gifted by both side to her during marriage). Now, I want to mention that I am giving jewellery (gifted by my relative to her), car and household goods, totaling Rs 15 lacs to her as part of permanent and final alimony and maintenance and that there will be no future demand of alimony or maintenance from her side. Now, she is saying that she does not have any jewellery, when in fact we have handed over the same to her mother more than three years ago.
Can you please tell me whether it is important to mention the jewellery and its value since we are not paying anything in cash. Also, if we don't mention the jewellery, can she claim for maintenance later on after divorce decree has been granted by the court. I just want to make sure that I don't get any surprise cases filed against me for maintenance or alimony.
Another question is about visitation rights. My son is staying with me and my wife wants to visit him for 2-3-4 days every month depending upon her holidays from office. Also, she wants to have the rights to take him for her family functions for 3-4-5 days and also wants the right to celebrate one festival Holi or Diwali with him. She will take the responsibility of taking him and bringing him back. I wanted to know whether this is usual in divorces by mutual consent and I am worried that if she remarries, my son might feel awkward in her house in the presence of another man. Also, being the custodian and caretaker of our son, I want to celebrate every festival with my son. If I am disagreeing to any of her demands, she threatens me that she will not agree for divorce and the case will go on and she will file more false cases against me and increase my problems.
Please note that she filed for divorce and does not want to keep our son with her and I am very happy to keep him with me. The case has been in court for nearly two years now. I tried many times for reconciliation, but she is very determined and does not agree. Even her parents and sister have not been able to convince her and she tells them this is my personal life and I can take my own decisions. So, ultimately, I decided that it is not worth to wait for such a person and it is better to move on in life.
Sorry for the long description. Your help and advise would be highly appreciated.