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Asha (Engineer)     13 May 2009

Divorce Case to be handled in Bangalore

Hi, My husband wants mutual consent settlement from me, But i wanted a one time settlement money, as parents spend lots money in marriage, bringing up my kid etc.,, as i am also working in a small compay and earning little. He is well settled in life. we have been married for 16years, and i am having 13year old son. please advise it is possible to get the settlement.

 

thanks



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 May 2009

First u file a partition suit thru., your son.  Wife cannot seek a partition independently.  So ur son can file a suit for partition. He is minor so as a minor guardian u can file a suit for partition for 1/3 rd share in the properties of your husaband.  U can also file criminal miscelleneous case seeking maintenance, but it is not advisable because u r earning.

So it is better to file a partition suit. If you filed a suit ur husband may come for the comprmise, then u can demand a lumsum amount from him. For details u can call me to 9886714997 or 9448230014


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE DIVORCE CASE KINDLY NOTE THAT

1.YOU CAN FILE INTERIUM MAINTAINENCE APPLICATION UNDER SEC.24 OF HINDU MARRIAGE ACT AND CAN CLAIM INTERIUM MAINTAINENCE IN YOUR PENDING CASE FOR DIVORCE UNDER SEC.13 OF HINDU MARRIAGE ACT.

2.YOU CAN ALSO CLAIM ONE TIME LUMPSUM AMOUNT AS PER YOUR STANDARD OF LIVING AND YOUR HUSBAND:S  INCOME PROOF FILEED AND PROVED IN THE COURT AND AGE PROOF OF YOUR SON AND YOUR AGE PROOF, MARRIAGE PROOF, YOU  KIINDLY FILE ALL CERTIFIED COPIES OF RELEVENT DOCUMENTS IN COURT.

3.COURT WILL CONSIDER  ALL FACTS AND FIX ONE TIME PAYMENT WHICH IS CALLED AS PERMANENT ALIMONY TO WIFE. YOU WILL SUCCEED.

4.KINDLY NOTE THAT  YOU MAY ALSO FILE A CRIMINAL COMPLAINT UNDER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. THIS ACT WAS PASSED IN 2006 AND HAS REMOVED ALMOST ALL LAPSES OF EARLIER PROVISIONS OF LAW REGARDING WOMEN AND CHILDRED.

5.YOU MAY CLAIM MAINTAINENCE BOTH INTERIUM AND FINAL AND ALSO A LUMPSUM  AMOUNT TOWARDS LIFE TIME MAINTAINENCE FROM YOUR HUSBAND AND ALSO SEEK HELP OF PROTECTION ORDER FROM THE COURT IN CASE YOU WANT TO RESIDE AND STAY AT THE MATRIMONIAL HOME WHERE YOU WERE STAYING WITH YOUR CHILE AND HUSBAND AND OTHER FAMILY MEMBERS.YOU MAY SEEK SHARE IN THE SAID PROPERTY OF YOUR HUSBAND AND ALSO FATHER IN LAW AND BROTHER IN LAW .IN CASE YOUR HUSBAND AND INLAWS ARE HARASSING ;YOU AT YOUR WORK PLACE YOU MAY SEEK HELP FROM THE COURT AND PROTECTION FROM THE POLICE OFFICER OR AREA WHERE YOU ARE STAYING.YOU MAY CLAIM MAINTAINENCE AMOUNT AS PER YOUR STANDARD OF LIVING AND ALSO ON THE BASIS OF INCOME OFYOUR HUSBAND PROVED IN THE COURT .

6,IN ADDITION YOU MAY FILE CASE UNDER SECTION 125 OF CRPC.FOR MAINTAINENCE FOR YOU AND YOUR SON

KINDLY NOTE THESE ARE BRIEF POINTS BUT IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS AND HELP REQUIRED.

WISHING YOU AND YOUR FAMILY AND FRIENDS  GOOD LUCK.

WITH BEST REGARDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

Swami Sadashiva Brahmendra Sar (Nil)     13 May 2009

I agree with the strategy advised by mr. vadrali.


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