Divorce on cruelty grounds and compensation to child
Querist :
Anonymous
(Querist) 13 July 2011
This query is : Resolved
My divorce case is in Calcutta high court. As per my lawyers, the 2 judges have almost made up their minds on going ahead and granting divorce on grounds of cruelty, after all evidences are provided to the court (including 498A done by my wife).
Now, along with the divorce, the judges wants to suo motto and order me to provide a onetime amount for the child (my daughter, who is 6 years old i and in class 1)for her upbringing who will stay with her mother (my wife), though my wife in her application has not asked for anything.
My wife is very well employed and highly paid, so she is not eligible for any compensation.
The court on asking my wife, how much she thinks is justified, she claimed an absured amount of 40 lakhs. Though the judges dismissed this figure, they insisted my lawyers and her's to settle this amount by mutual discussion. On repeated parleys by my lawyer with her's, now she is asking 25 lakhs.
Neither of these is something which I can pay. I have told the court that the maximum I can pay is 8 lakhs. My lawyers have told the judges that let the court decide a fair amount, since the absurd amount claimed by my wife can't be met my me. Outside court discussions makes no sense. But it seems that the judges are are also not clear on what the figure should be and didnot take a position.
The judges gave the next date on 14th, which is this Thursday. As per my lawyer, its highly likely the order is given on this day, but again there are chances that its postponed by the court by another date.
I have even said to the court that if my wife is finding it so difficult to raise my daughter without 25 lacs, let the court give the custody to me and I will raise her up without any compensation or aid from my wife.
My question is, aren't there any scienfic method of calculating the compensation (one-time) which the judges can apply and come to a reasonable figure?
In this situation, what should me and my lawyers do?
Jitendar Kumar gupta
(Expert) 13 July 2011
NO there is no criteria. the amount can be fixed as per the status of the parties. but if the amount is not in your reach in that condition don't agree with the court .
agree only if you can pay the amount.
Devajyoti Barman
(Expert) 13 July 2011
The court mostly look into the relative status both social and economical of the parties.
If you are unable to pay to any amount close to twenty fie lac you can plead always before the court.
To be on the safer side quote n amount in the court which you could manage.
prabhakar singh
(Expert) 13 July 2011
My question is, aren't there any scienfic method of calculating the compensation (one-time) which the judges can apply and come to a reasonable figure?
ANSWER:YES THERE CAN BE ONE.
1.FIRST ESTIMATE THE NO.OF YEARS IN WHICH DAUGHTER SHALL BECOME MAJOR.
2.ESTIMATE HER MONTHLY REQUIREMENTS FOR HER UP KEEP.
3.DISCOUNT IT FOR A LUMP SUM PAYMENT IN REVERSE ORDER OF AN EMI CALCULATION.
Querist :
Anonymous
(Querist) 13 July 2011
I am not sure how to find this out -"3.DISCOUNT IT FOR A LUMP SUM PAYMENT IN REVERSE ORDER OF AN EMI CALCULATION."
Daughter is 6 yrs old. She will be a mojor at the age of 18 yrs. So another 12 yrs. If her monthly expenses are Rs 5000/-, the amount comes to 12 X 12 X 5000 = 720000.
Adding another 500000 for her higher education and 300000 for her marriage it comes to 1520000.
Now I am not sure how to discount this figure using reverse order EMI. Please advise.
