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Jamai Of Law (propra)     18 November 2010

Lumpsum Alimony/Maint is not a 'final' one as per the Law.

There is another thread running on 'criminal law' section............in regards to possibility to apply for a revision of alimony and maintenance....even after mutual consent divorce....

 

https://www.lawyersclubindia.com/forum/Is-compromise-settlement-safe-FOREVER--15395.asp

 

 

Whether or not the divorce has obtained by way of mutual consent/compromise or by other grounds.....and whether or not one time/lumpsum alimony is given to a spouse(beneficiary) as a final settlement/compromise.......

 

 

Even though The above said settlement/compromise has been made and executed.....it can  not be said to be  'final' and never considered as 'final' from the eyes of the law.....

 

 

The 'change in circumstances' may entail the previous beneficiary spouse to approach to the court again  for the modification and enhancement in the maintenance and alimony even after Mutual Consent Divorce.

 

 

Please share your comments.....as above interpretation............ is really confusing...................and I wonder..................... how the hon. courts have been offering one spouse (mostly the husband) 'an option to pay lumpsum' alimony as a one time payment.

 

 

And also it is liable to open a can of worms again!! as there are still many many disgruntled Maint. Winner ex-spouses..... who feel that.......... they were shown the door by their rich ex-counterpart...with peanuts in alimony!!!

 

 

I don't think........... ever in any pleading......any husband himself .......would have proactively requested to the hon. court to kindly avail 'one time payment' as an option!!! If anyways that is not going to be treated as a full and final settlement irrespective of change in circumstances in the future....

 

 

I request All to Please post the relevant citations on this........ by SC and Bombay/Gujarat HC if any.....



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