Settlement amount

Victory is won not in miles but in inches. Win a little now, hold your ground, and later, win a little more.

Your two years of patience had made them to come under the table for settlement inspite of the stages which are on trials.

Now, the ball is in your court you have the upper hands, how you serve the ball.

A/t your statements she is having a salary of 45000 k with no child, the marriage durations are not too long.

That means, she has the chances of remarriage which is the most crucial point in deciding the final alimony if any.

So, in your case you have two positive points to be considered for no alimony or very less alimony.

As per sec 25 hma sub sec 1 and 2 , you are at upper hand and the chances to get even 4 lakhs to her is very bleak.

In my oppinion if she agrees for 4 lakhs according to your wish then go for that or else i dont think 2 more years will cost you 6 lakhs if she again comes under the table at your terms.

Ps: U/s 25 hma it is the wish of the spouse to pay as monthly maintenance or give final alimony. So, if you choose monthly maintenance but then also she cant get that because she is earning equivallentaly more than her maintenance. So stay cool if you are not in hurry and fight for the reason that she is an unscrupulous woman who wanted to extort you but you havent succumbed.

My best wishes are with you))

ESIS

Hi Raja,

Normally there is no limit on how long this case can be dragged. Also you did not give full details of the case and also I agree everything you cannot put here. With my personal experience here I recommend you to settle the issue for the amount they mentioned, also there will be always bargain here so try to go as much bargain as possible and settle all cases in one go.

But always remember you should do this very carefully otherwise you will loose money and cases reamin same, which will be more trouble. There are many instances where they will take money, and keep 498A as it is and they never come to court, and some times even demand more. It all depends on your wife side behavior and also their lawyer. So you should have very good lawyer when doing these types of settlements and also some elders who know well on these things to handle. Else you will be in more trouble.

Just want to know if I fight 1 more yr, in general how much court can order to pay.

You should think about time and trouble you face here than how much money court may ask to pay. Better to get rid of troubles as early as possible and live happily

The amount is (by and large) decided by the parties otherwise the court considers income, status, standard of living of husband vis-a-vis his libilities. There is no set formula to decide the amount.

For earning peace in your life it would be advisable to buy it for 6 lakh, as demanded/agreed.

as you said you can pay 4 lakhs then start from 2 lakhs and it will come to 4 lakhs and if you start from 4 lakhs then it will end at 5 lakhs 

everyone advice to settle the issue before and waiting for some more time you cannot except to go on the case but how long no one can guess 

before paying them tell them to withdraw all the cases and also take mutual divorce and in final hearing only pay the amount and take decree and withdrawing all the cases 

It is not so easy to withdraw the 498a case despite paying her the ransom demanded by her, instead, do not pay her anything, challenge her case more strongly, I am sure she will give up and stay away from all the legal hassles in the future because it is she whom also has to taste the long hearing dates in the court by setting aside all her important commitments on court days, so withstanding pressure on her is also a vital factor.  The fact is that she earns 45000/- p.m. itself will dis entitle her for any alimony/maintenance amount, so go ahead strongly at least for the time being without showing any sign of cooperation or submission to her pressures.

1. The amount is settled by the parties normally,

2. If they fail, then the Court arrives at the figure after considering the income, liabilities &  status of the husband,

3. Try to bargain with her and arrive at a settled figure. 

Thanks all for inputs.

I mean to ask "Is it worth to settle the amount around 5 Lakhs"..

Or is it too high based on wife working 45,000 per month and no kids and didn't stay long etc.

It depends on what price do you want to pay for buying peace from her.

In my opinion, it is better that you do not signify that you are ready to settle the entire issues by offering her the money she demands.  Let she come one round seeking it, she will realize that being a working women earning a handsome salary, she will not be entitled to seek alimony, after which if you become tired, you can go for settlement as proposed and agreed.