Maintenance in divorce
Wakle
(Querist) 20 March 2019
This query is : Resolved
Hi my wife get maintenance 18000pm in dv act along with residence cost. Now she file divorce under HMP 13 1(1a). I also want divorce.she wants one time maintenance abt.50 lacks and shreedhan cost abt.10 lacs.My question is 1) maintenance in dv act will be closed after divorce or continue.? 2) I have no money any 50 lacs or more to give her then how court will decide maintenance after divorce? 3)I have right to say one time maintenance in divorce case? Plz kindly give my questions answer and not suggest to mutual divorce.i already says that I had no such huge money I.e. 50 to 60 lacs to give my wife.My wife always run behind money.she think that if demand 60 lacs in contested divorce then court will be give her at least 30 to 40 lacs.so she demand like such way.is that true?
Dr J C Vashista
(Expert) 21 March 2019
You have already engaged an able, competent and intelligent lawyer for proceeding/ contesting your case(s), isn't it?
S/he is well aware about the facts and circumstances of the case(s) decided and pending, isn't it? What is his/ her opinion/ advise? Do you have any doubt/ reservation in his/her advise?
Have faith in your lawyer and proceed as advised.
Don't adventure for second opinion on this platform, which shall be on the basis of limited input/statement given by you, despite the fact it is available FREE OF COST.
P. Venu
(Expert) 21 March 2019
The posting furnish only subjective opinions - what are the facts?
Martin S.
(Expert) 21 March 2019
Section 13(1)(ia) in The Hindu Marriage Act, 1955 has, after the solemnisation of the marriage, treated the petitioner with cruelty.
Already in DV case cruelty is proved. How long you will have to pay, that you check in DV court order sheet, you will come to know. She has filed divorce under HMA 13 1 (ia) which is cruelty ground.
Accept all her allegations and court will grant her divorce.
This much your advocate could not tell you?
Regarding maintenance after divorce, that nobody can tell how much court will grant. Depends on lot of factors. Such questions cannot be answered online, detailed study of case file needed and you have posted 2 lines here, based on that cant say anything.
Wakle
(Querist) 22 March 2019
Hello sir , in dv act cruality consider on prima facie base and in 498a it not prove.i win 498a. My question is 1) she ask me 50 lacs one time maintenance in divorce. My question who will decide to give her maintenance monthly or one time? If court decide? Court ask me abt that or not? If i refuse to give one time maintenance in divorce then wat court will do?or Court give only monthly maintenance?
Wakle
(Querist) 22 March 2019
Hello sir , in dv act cruality consider on prima facie base and in 498a it not prove.i win 498a. My question is 1) she ask me 50 lacs one time maintenance in divorce. My question who will decide to give her maintenance monthly or one time? If court decide? Court ask me abt that or not? If i refuse to give one time maintenance in divorce then wat court will do?or Court give only monthly maintenance?
KISHAN DUTT KALASKAR
(Expert) 23 March 2019
Dear Sir,
My answers are as follows:
1) maintenance in dv act will be closed after divorce or continue.?
Ans: Yes, once you pay lumpsum amount as alimony the monthly maintenance of DV case will comes to an end.
2) I have no money any 50 lacs or more to give her then how court will decide maintenance after divorce?
Ans: The Court will reside upon the documents produced by you and your finance sources.
3)I have right to say one time maintenance in divorce case? Plz kindly give my questions answer and not suggest to mutual divorce.i already says that I had no such huge money I.e. 50 to 60 lacs to give my wife.My wife always run behind money.she think that if demand 60 lacs in contested divorce then court will be give her at least 30 to 40 lacs.so she demand like such way.is that true?
Ans: The Court will considered both parties submissions and pass a considered order on the quantum of lumpsum amount that is alimony you have to pay to your wife.
Please mark “LIKE” if satisfied by my answer.
sachin sharma
(Expert) 02 April 2019
First as wrongly advised by Martin, never accept any allegation before the court just for the sake of getting divorce. It will be used by your wife in separate proceedings of 498A and DV act.
As far as maintenance is concerned, no court can ask you to pay one time alimony unless you agree for it in a mutual consent divorce.
It is no where mentioned in DV act that the maintenance will be given till both are married and after divorce husband can stop paying maintenance. It will continue. Yes, if your wife couldn't prove DV only then the relief granted to her will be cancelled. So, better to fight your case cautiously so that she can come down and reduce her demand. Everyone ask 40 to 50 lakh in the begining (depends on the income and family status) but in last if you proceed towards defending your case, the demand of wife comes down.
