Can we add/delete any clause in mutual agreement deed at later stage?


In Mutual Agreement deed can a clause like this be deleted - The second party (wife) after receipt of 1st installment of alimony in first motion fails to come for the second motion to receive 2nd installment of alimony then she will be liable to pay double the amount of alimony of 1st installment to the first party (husband).

 

As my daughter including me is not feeling comfortable can I request the lawyer who drafted the agreement to delete this clause and instead ask him to include - amount of 1st installment shall be returned in case she is not able to come during 2nd motion.

 

Answer

 

Yes such a clause can be deleted before the agreement is signed, if the agreement has been signed by both the parties then you cannot unilaterally change the terms.

 

You and your husband need to mutually agree on the settlement terms, if you do not wish to add this clause in the agreement, it is your discretion and you can refuse to sign the agreement in case he refuses to remove the said clause.

 

We believe that such a clause means that the Agreement shall be terminated in case you fail to appear, so we would suggest you to add this clause instead:

 

“If The Second party (wife) after receipt of 1st installment of alimony in first motion fails to come for the second motion to receive the 2nd installment of alimony then this agreement shall stand repudiated and the Second party shall be liable to return the amount of the 1st installment after deducting the amount spent on the maintenance of herself and her daughter during the time period between the First and the Second Motion.”

 

Even otherwise, in case you do not appear before the Court on the date of the second motion, and show sufficient cause on the next date of hearing for not being able to put your appearance, the Court shall allow your plea and your husband would not be able to collect twice the amount of alimony paid by him.

 

Kindly contact us for any further details and action.


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