1)it depends upon your financial condition
2) if you are able to afford agree to pay Rs 10 lakhs as one time settlement
3) file your detailed reply
4) change your lawyer
Alimony
I separated from my wife and one daughter age 2 yrs, in 2008.I have got divorce from my wife in 2010, in thane court, due to her non appearance.(she is from chennai).afterwards she has filed for alimony in chennai court in 2010. I have been on &off job from 2010, due to medical problems(diabetes), presently my salary is rs.50000, after tax, per month. Court has ordered rs.13000 to her and child per month, in 2016.She is asking for one time, mutual consent of Rs.15 lacs. I do not have any investment or assets. How much should I pay her or what is the best option. Should I file a reply to the same. I also think, my lawyer is supporting her, for his commission.
Asked 7 years ago in Family Law
Religion: Hindu
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5 Answers
Dear Querist
no need to worry, the court may grant 1.3 of your income as maintenance/monthly alimony to wife and child, so refused her proposal and fight the case on merit if pending. accept the court order and pay the maintenance/alimony to her for child and her well being.
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I have no contacts in chennai, hence difficult to find a replacement lawyer.do you recommend anyone in chennai court. How much time do i have, to arrange for the above money.If I do not make these payment shortlywhat are the consequence s. Can I ask for some more time?how much.
Asked 7 years ago
1) if you are not in position to pay Rs 15 lakhs reject the offer
2) continue to make monthly payments
3) take the plea you dont have bank balance of Rs 15 lakhs
4) search in kaanoon.com website for lawyers in Chennai
1) The settlement amount in matrimonial cases differs from case to case based on the following criteria: Who is seeking divorce (husband or wife) Who is in hurry? how much ? (usually husband) What is the salary he is drawing? and his wealth & lifestyle Whether she is employed too? Who is going to support her if the litigation gets long drawn. Is she capable of handling the court case and her financial capacity to pay the litigation expenses How much she is demanding Her second marriage prospects Whether they have kids or not. Who's advice she is taking and WHO is negotiating the final settlement and his negotiation and counselling skills.
If you suspect the integrity of your lawyer,you should abruptly change the lawyer, please do not continue with the same lawyer because you may likely to lose more money due to this.
You can better negotiate with your ex-wife directly and fix the one time quit settlement amount as per the agreement and other conditions.
This wold enable you to avoid more tedious and awkward situations as well as future legal hassles.
