• My husband and I have already filed for divorce and our six month waiting period is nearly ending

Hi, my husband is currently residing in Abu dhabi & working in a good position at a local bank there. Ours was a love marriage & we got married 2008 - december. we have two daughters now aged 2.5 yrs & 6yrs both born in UAE. My husband wanted to file for divorce since we started having trust issues & kept on arguing. finally i gave in & agreed for divorce & shifted to India with my daughters on June 2017 while he still resides in Abu Dhabi. We filed for divorce on July 24th 2017 at the Bandra family court and at the time of filing for divorce, we agreed to file for mutual consent. he decided to give us a monthly support of Rs.35k/month & pay the kids school fees & rent for the one bhk we are staying in.
However, after returning to India with the kids after 8 years & me been out of a job since then, I am finding the monthly amount very difficult to manage the household & the needs of my growing kids.
our 6 months waiting period is almost up. how do i ask my husband to give a lump sum amount? & what should be the amount? do i have to specify the amount in the agreement. 
i dont have a job & since i have been out of a job since marraige its difficult to manage the household & a job. Currently I am doin everything - cooking, cleaning, groceries, taking care of kids needs etc.
My husband draws an approx salary of AED 38k/ month & owns a sports car of a reputable brand ( brought after he filed for divorce) & owns a 2 bhk in Abu Dhabi which is under his name.
Asked 5 years ago in Family Law
Religion: Christian

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19 Answers

If you withdraw your consent divorce petition would be dismissed

2) considering your husband salary and standar of living ask your husband to pay you 50k per month at least

3) in alternative seek lump sum alimony of 30 L from husband

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Immediately file a maintenance case under section 125 crpc as well as on the day of mutual divorce seek for more or change the proceeding to contested divorce upon seeking permission from court and also file a maintenance case in the divorce proceeding too. One time alimony should be around 3 crores then your husband will bargain it down to 1 to 1.5 crores. It needs to be dealt technically for the best interest of your children.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) your mutual conset period will come to end on soon.

2) as you have filed for divorce and now its very difficult to manage day today expenses.

3) I will suggest reconsider on your divorce situation as your husband is earning good amount and you are house wife.

4) both daughter's are with you, so their education, medical , love of both parents all situatuon come in the picture.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Dear Madam

You should have settled your issues before filing MCD itself.

In case, if you did not do that, you can ask for ONE TIME SETTLEMENT / PERMANENT ALIMONY based on your social status, your husband's earning capacity etc., you need to have some documentary proofs to substantiate your claims.

All said and done, you can have the MCD by taking one time settlement money.

A Chartered Accountant will be able to guide you properly in connection with arriving at a consolidated money.

In case if your husband fails to honour your OTS you may initiate appropriate civil and criminal cases against him. It is the duty of your husband to maintain wife and children according to relevant provisions of laws of land.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi,

You may file a petition u/s 125 CrPC for the maintenance citing reason for that the amount of 35k is not sufficient to maintain the family.

Apart from the school fee of daughters you need to ask for the maintenance of children as well.

Please note that till you get divorce you may pry for any thing like alimony or any lump-sum amount for your maintenance.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Always, settle for lumpsum. As he is in abroad, execution of order becomes difficult. Suggest your advocate to withdraw the petition to file at a later time once the matter is resolved.

1. Take one time settlement viz., money, property etc.,

2. Incorporate the settlement contents in the petition.

3. Then, file the mutual consent once you are satisified that both of you don't have any more obligations towards each other.

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

Propose this before your husband. Tell him that you are facing difficulty in managing thins in 35k per month and hence, you also need a one time alimony in addition to the monthly maintenance of 35,000/- Propose the sum of money you want from him as one time alimony. In case he declines your proposal, you may withdraw your consent; and in the said case, this marriage will not be dissolved by the Court due to lack your consent from mutual consent divorce.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

1. The time limit is to file revision in high court is 90 days.

2. However there is no time limit for petition u/s 382 crpc.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

It is required to be specifically written and described in the plaint of the Mat suit. If despite admission to pay the maintenance, nothing has been deposited, contact with your conducting advocate to initiate appropriate proceedings against your husband.

Rajdeep Majumder
Advocate, Kolkata
29 Answers
1 Consultation

4.0 on 5.0

hi, it is advisable to arrive at a settlement before the 2nd motion , as afterwards it will be very difficult to claim any additional alimony part can be discussed mutually and if he agrees for a single payment it shall be written in the agreement or a affidavit and presented before the court..you can exceed the time for 2nd motion by making a request before the judge ..

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

Hello,

Lum sup amount if any shall depend on your need. You make a plan as to how much money you can up-bring the children and can live a good life. Also lump sum money if kept will end, so also keep in mind that the same is invested and from the monthly interest you take care of the family.

the amount has to be decided by you. You can make such changes with the consent of the husband before the second motion.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

1. Do not appear before the Court on then day of the 2nd motion.

2. If you do not appear before the Court on the day of the 2nd motion, your husband will not get tyhe decree of divorce.

3.Ask your husband to file an amended petition either increasing the maintenance of Rs.35 K to your desired amount or payment of a lump sum amount in lieu of the increased monthly payment.

4. In fact, it will be prudent on your part to take a lump sum amount in place of monthly payment of maintenance since if he does not p[ay later on then you shall have to approach the Court and if he dies prematurely then you shall be deprived of the maintenance for the rest of your life.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

however, the amount +rent +fees you are getting per month as maintenance is more than OK, but, you definitely can ask him for lump sum amount.

better to ask him through your lawyer and make one time settlement.

you can refuse for second motion hearing if he rejects your demand.

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

You can tell him to enter into fresh consent terms and ask for lump-sum amount. I can't decide the amount you have to calculate it as per the expenses you incurred and mutually include the same in consent terms before the court and counselor if required. You can tell him the actual position and difficultly to survive on already agreed amount of ailmony.

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Read your story in detail. Given the facts and circumstances, you're definitely entitled to a higher amount of maintenance. Your husband draws AED 38K per month, which is equal to around 6 Lacs 60 Thousand in Indian Currency. Therefore a higher amount of maintenance should not be a problem and Court will definitely consider your prayer in that regard. Ask your lawyer to make a formal application before the Court for the same. Instead of asking for lump sum amount, I would suggest you to go for monthly maintenance. There are more chances that Court will grant you an increase in amount of monthly maintenance than lump sum alimony. For any further assistance, feel free to contact me on my Whatsapp No -

Kiran Kamthe
Advocate, Thane
27 Answers

4.9 on 5.0

You can back out don't sign mutual divorce. Ask for maintenance, education, house for children. According to your living standard. File restitution of conjugal rights. Don't give up. Fight

Anita Hiranandani
Advocate, Mumbai
11 Answers
1 Consultation

4.8 on 5.0

You need to talk to your husband about the full and final one time settlement amount and get it done on the memorandum of settlement agreement. You need to calculate the amount as per your requirements and needs. Because in mutual consent divorce court will not help you regarding the monthly support if it is mentioned in the petition or agreement.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If you feel that the agreed maintenance amount if very less and you will not be able to maintain the family within the said amount, then you may ask him to settle a huge amount as one time settlement.

Before he agrees for that you may ask court to adjourn the divorce matter till the time he the proposed settlement issue is properly settled.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Hi,

The amount of alimony to be asked would be according to your requirements and the status. You decide the amount after necessary calculations and then ask the same.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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