Decision regarding alimoney

jwalamukhi (Querist) 24 October 2013 This query is : Resolved
I WANT TO KNOW IN CASE OF DIVORCE WHETHER THE PAYMENT OF ALIMONEY IN LUMPSUM OR MONTHLY IS DECIDED BY THE JUDGE. IF THE HUSBAND DOES NOT HAVE LUMPSUM MONEY CAN HE PAY MONTHLY MAINTANCE.WHO DECIDES?

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Devajyoti Barman (Expert) 24 October 2013
While granting divorce the judge directs payment of alimony in lump sum only.

Raj Kumar Makkad (Expert) 24 October 2013
Monthly installments shall not be made rather lumpsum payment is to be made.

Rajendra K Goyal (Expert) 25 October 2013
Agree, with the experts.

jwalamukhi (Querist) 25 October 2013
what is the thumb rule for lumpsum payment of alimoney. husband has rs. 30000/- as net pay p.m.and Rs. 50000/- gross pay p.m.and 150000/- of fd and nsc,etc. wife has no income.what if husband does not have money to pay lumpsum amount decided by court on passing divorce decree.

Devajyoti Barman (Expert) 25 October 2013
His salary may be attached in recovery of alimony amount.
Alimony should not be less than Rs. 3 lakh.

Rajendra K Goyal (Expert) 25 October 2013
If the husband does not pay the alimony his salary or other assets can be attached.

Adv. Chandrasekhar (Expert) 25 October 2013
" pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as"

The above is the extract from S.25 of Hindu Marriage Act. So, you can move application saying that you are not in a position to pay lumpsum but intended to pay monthly instalments.

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