• What happens if husband can not afford one time alimony in mutual consent divorce

Dear Lawyers

I have been seeking advice on this forum for my divorce since last few years.

I and my wife have applied for the mutual consent divorce in Aug and our 6 months waiting period is ending on March 1st week.

In the application, I have agreed to pay her a one-time alimony of 25 lacs.

The issue that I am facing is that in Dec'16 I have lost my job and since then am unemployed and living on my savings.

I want to know what should I be doing in this situation. 

I am not willing to withdraw the petition saying I want to give second chance to my marriage.

A possible option that I see right now :
Go ahead with Divorce by arranging money from friends and family.

Any legally possible move or advice on the way forward will be highly appreciated.

Regards

Links to previous questions:
https://www.kaanoon.com/131653/mutual-consent-divorce
https://www.kaanoon.com/92239/divorce-procedure
Asked 5 months ago in Family Law from Bangalore, Karnataka
Religion: Sikh
Hi,

1) your waiting period is going to end in the month of March 2018.
2) Why can't you go for compromise, as you have lost your job as well.
3) Is your wife is working or she is house wife ?
4) For further legal advise do call on my cell phone.
Ganesh Kadam
Advocate, Pune
2700 Answers
10 Consultations

4.9 on 5.0

In this situation do one thing. Rather than giving a second chance to the marriage. Let this be a contested divorce wherein she feels you fighting in the court. The day you get the money in hand you can move an application in court stating I’m ready to pay her of 25 lacs. Till then contest the divorce. 

Rather I would sugggest give it another chance to marriage by filing restitution of conjugal rights. Because if you contest and go ahead fighting in court for divorce, her alimony amount would be increasing. 

This method might help you buy time.
Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

4.9 on 5.0

You can seek some more time from the court for arranging money, Court has the power to increase the time up to 18 months.

for further clarification call/mail me.
Suneel Moudgil
Advocate, Panipat
30 Answers

4.0 on 5.0

1. If you fail to honour your promise before or at the time of second motion then your wife may revoke her consent to mutual consent divorce petition, as a corollary whereto the petition will be dismissed by the court.

2. So if you are unable to pay the amount on the next date then you may seek an adjournment to enable you to arrange the amount. This is the maximum that can be done.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

Negotiate the amount of alimony by disclosing your situation and go ahead with mutual divorce 
Saurabh Yadav
Advocate, Gurgaon
51 Answers
1 Consultation

4.0 on 5.0

Dear Lawyers

I have been seeking advice on this forum for my divorce since last few years.

I and my wife have applied for the mutual consent divorce in Aug and our 6 months waiting period is ending on March 1st week.

In the application, I have agreed to pay her a one-time alimony of 25 lacs.

The issue that I am facing is that in Dec'16 I have lost my job and since then am unemployed and living on my savings.

I want to know what should I be doing in this situation. 

I am not willing to withdraw the petition saying I want to give second chance to my marriage.

A possible option that I see right now :
Go ahead with Divorce by arranging money from friends and family.

Any legally possible move or advice on the way forward will be highly appreciated.

Regards

Links to previous questions:
https://www.kaanoon.com/131653/mutual-consent-divorce
https://www.kaanoon.com/92239/divorce-procedure
Asked 6 hours ago in Family Law from Bangalore, Karnataka
Dear friend,
The following options are available to you.
1.	Change of circumstances and you lost job, it cannot be foreseen. Now you may ask for your wife to accept lesser amount as alimony or pray the court to extend facility of instalments over a period of next 12-18 months or more or till you get another job.
2.	If she does not agree  go for fomula of “beg, borrow or steal” and settle her dispute once for all go in search of a very good job, if you are honest God will help you.
3.	. Finally, withdraw the mutual divorce application and file a regular divorce petition, in such case she may not get a penny, towards alimony and monthly maintenance as you are unemployed without any source of income.A
Kishan Dutt Kalaskar
Advocate, Bangalore
2459 Answers
28 Consultations

5.0 on 5.0

1.Any of the consenting spouses can withdraw his consent beoffee final motion of the case without assigning any reason.
2. However once you do that your wife can file case under section 498A along with case for maintenance under PWDV Act.
3. if you do not withdraw the case then unless your wife to delay the receipt of remaining amount the final motion may not occur if she informs court about breach of the terms and her unwillingness to accord her consent.
4. So going for divorce giving her money seems best suited to you.
Devajyoti Barman
Advocate, Kolkata
13135 Answers
174 Consultations

5.0 on 5.0

1) go ahead with divorce take money from friends and family 

2) do not with draw your consent for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
46712 Answers
2763 Consultations

5.0 on 5.0

You need to abide by the promise.
Alimony cannot be avoided.
She can rescind the petition.
Rajaganapathy Ganesan
Advocate, Chennai
1113 Answers
4 Consultations

4.9 on 5.0

Respected sir...
Only we have option available is to convince her and court for alimony to be paid in installments ..You have to convince both of them else we don't have option available ...Sir if we will not pay the ammount in said period the court credit goes to her favour so we haven't any option left else convince...

Thanku
Dinesh Sharawat
Advocate, New Delhi
736 Answers
3 Consultations

4.9 on 5.0

No there is no way out. You have to withdraw your consent terms filed earlier or arrange for funds else file fresh consent terms of monthly ailmony if your wife is agreeable. No other option. 
Prashant Nayak
Advocate, Mumbai
2741 Answers
2 Consultations

4.8 on 5.0

With consent of the other party you can reduce the alimony amount, the Court will not object to the same.

Plead before the court explaining the situation to reduce the alimony which was promised earlier.

Rajashekar
Advocate, Bengaluru
552 Answers

4.8 on 5.0

You may negotiate with your wife and revise the amount of one time alimony by bringing it down.

If she is not ready for the above arrangement, buy some time from the Court so that you are able to arrange the required funds.  
Vibhanshu Srivastava
Advocate, New Delhi
5758 Answers
71 Consultations

5.0 on 5.0

Have you entered into any settlement deed for giving 25 lacs as one time settlement?
Anupam Kirti
Advocate, New Delhi
86 Answers
1 Consultation

4.9 on 5.0

hi. the period of 6 months can be extended with the permission of court, and with mutual discussion with your wife,, you can seek time to arrange funds for alimony
Hemant Chaudhary
Advocate, New Delhi
3216 Answers
14 Consultations

4.9 on 5.0

See you have maximum period of 18 months after the filing of first motion. If you can arrange the amount in that period that would be great.
Laksheyender Kumar
Advocate, Delhi
718 Answers
2 Consultations

4.8 on 5.0

You can seek extension and get the proceedings adjourned by another six months to settle the agreed one time settlement amount.

You cannot seek exemption from payment of the agreed amount  for the unemployment reason.

The court may dismiss the petition if she is not willing to continue due to this reason.


T Kalaiselvan
Advocate, Vellore
36859 Answers
403 Consultations

5.0 on 5.0

1. You may given an application in the court to extend the date of second motion and give you some time for arranging the settlement amount. 

2. Also, since it is a mutual divorce, you may ask the other party to give you some time to arrange money.

If both of these things fail then you may arrange money and pay the alimony and get the divorce decree.

Regards 
Anilesh Tewari
Advocate, New Delhi
9282 Answers
120 Consultations

5.0 on 5.0

Hi,
If possible go for the part payments.
Ganesh Singh
Advocate, Delhi
1028 Answers

4.0 on 5.0

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