• Divorce and one-time settlement

My divorce case is going on for the past 4 years.

Mediation (by a Family judge) took place last week, and 2nd round will come up in the next week.

Pls note that I'm already paying 20K per court order (CrPC 125).

If the wife agrees for divorce, how will the one-time settlement be fixed by the court?

Will I be given a chance to continue paying the same amount monthly, or is one-time settlement a must? Pls explain the procedure for the same.

Thanks!
Asked 6 years ago in Family Law
Religion: Hindu

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23 Answers

you can offer to pay monthly maintenance 

 

2) it is not necessary to pay one time lumsum amount as alimony 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

OTS amount either will decide by mutual settlement between parties or court will fix. You can continue 20K monthly, not necessary court will grant OTS when you are agree for monthly payment.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The alimony for the one time payment is based on demand and agreement by the other party if not then decided by the court based on the maintenance being paid and considering the social and economical condition of both the parties.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See if wife agree for mutual divorce then in that case you and your wife shall decide the amount for one time settlement. Further if she agrees on the monthly payments/ part payment than in that case you can continue paying same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file consent terms in court and dispose the matter with mutual consent

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

One time settlement is not complusory it's depends upon you that how much you're going to pay or not or do you have capacity to pay one time maintenance.

 

If you like to continue to pay monthly maintenance that will be continued otherwise remaining years of service will be count and consider for full n final settlement.

 

If you're 30 years old and for retirement 30 years remaining means for example

30 years x 2.40 lacs = 72 lacs approximately maximum can be granted.

Now this is calculated on the basis of your current maintenance amount. Kindly check your age.

 

They amount one time settlement can be less than this or little bit more. 

 

Kindly check how much your wife is demanding for one time settlement.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

On her remarriage you don’t have to pay her maintenance 

 

2) wife can seek enhancement of maintenance on account of change in circumstances 

 

3) court would consider maintenance awarded under section 125 cr pc while awarding maintenance in divorce case 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

1. See if mutual.divorce is there then you may file to set aside the order in 125 crpc on mutual consent.

2. You may file for set aside and modification on ground of her remarriage.

3. Yes if she does not remarry or there is change in circumstance.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) 20k maintenance per month amount vis interim amount or final amount order kindly check.

2) Yes, when ever she remarries than you can stop paying maintenance amount but you should have marriage certificate and strong evidence against her. Don't stop paying on adultery ground.

3) It's depends upon inflation rates and any maintenance law or rules has changed in the future.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Only if you mutually do settlement then only all the orders will be quashed along with any criminal cases if you file quashing before HC

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

This is a matter of mediation there you may agree for the monthly maintenance instead of on time value money increase the opposite party is ready to you agree for that kind of payment you cannot make any compulsion in that because in case of divorce most of the cases are dealt likely with one time alimony in case of maintenance under section 125 you have the right to go for AP under section 127 CRPC for revision of the maintenance allowed

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

- At the time of filing of petition for mutual divorce , you can decided the payment with her . 

- Yes, if you want to continue the payment monthly, court will order the same , hence one time settlement is not mandatory. 

1. Yes , if you will opt for monthly maintenance , then in future she can move an application before the court to increase the maintenance . 

2. Yes, she is entitled to take maintenance from you , before her remarries. 

-  As per law, the maintenance rights of a divorced woman ceased , when it is found that she has remarried or is involved with another person romantically.

3. Yes.

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

The concept of one time settlement in a mutual consent divorce is a mutually agreed terms or conditions.

The court will not interfere in it.

If she files a petition seeking alimony the court may decide on merits after hearing both the sides. 

The maintenance amount paid in 125 Cr. P. C is different from the one time settlement amount. 

You may talk about it and then decide. 

 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

1. No.

That has nothing to do with this situation. 

2. Yes, you can. 

3. She can. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Everything depends upon the outcome of the mediation. If you both agree to divorce then the alimony may be a one time settlement and the monthly maintenance may also be given one time or monthly as you both decide.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You both have to arrive at a settlement and that would be implemented. If she marriws again then she is not entitled to maintenance.

Yes she can file for enhanced maintenance due to inflation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. the new maintenance amount will be decided as per mutual settlement of both you and your wife,

2. yes, you can stop paying after her remarry,

3. Yes, she can file

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

The one time settlement has to be incorporated in the terms of the petition. If she remarries you need not pay.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Dear Sir,

In India, there is not one single secular law that governs marriages. ... Under the Hindu Marriage Act, a woman can look forward of three kind of payments from her husband after divorce - a lump sum payment called alimony, a monthly amount called maintenance and in some cases both alimony and maintenance.

If the women gets married again then the husband need not give maintenance.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Court will not grant more than 25% of net salary.

Wife not entitle to maintiance after remarriage or living in adultery. 

Yes if she not remarry.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If she agree for Mutual divorce then you can offer for onetime settlement.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

until she is remarried maintenance  cannot be waived or settled.
it may increase according to your income.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. One time settlement will be decided you and your wife mutually by mediation in mutual consent divorce.

2. Court will give you option to pay maintenance regularly or pay one time alimony as well with some maintenance monthly.

3. Yes you can stop maintenance after your ex remarries 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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