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nadira (none)     29 October 2012

Monthly maint or permanant ailmony

hi all,

i m divorced muslim lady...n m getting my interim pay rs 9000pm..bt whtzzz better monthly maintenance or permanant ailmony ? 



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 5 Replies

Tajobsindia (Senior Partner )     29 October 2012

  1. Under which section of Act / Code you are getting @ 9 K per month ?

  2. What are the cases that you have filed?

nadira (none)     29 October 2012

under sec crpc 125 maint...i m gettng int pay hav filed only maintenance case..no other cases filed..

Siv (engineer)     29 October 2012

Being you are women no need to worry about future.... just think about husband and let him live with peace of mind so that you will get more money from him in future, if he earns more.

 

If you ask your husband what he likes so that his ego or health will not damage while you get what you needed that option would be better for your life .... normanny this is what happens if wife is living happyly with husband....

 

even you are seperating from him..... just let him be happy so that he will be your ATM later on.....

 

What do you say madam.....

 

My solution is WIN WIN for both of you.

nadira (none)     29 October 2012

tajobsindia...ur advic  will b apprieciated...

Tajobsindia (Senior Partner )     29 October 2012

Well there are two ways to look at your next que.


1
. Seems you are getting tired of Court visits and probably have some personal plans out of the marriage?
2. You are worried if 9 K which you are getting as interim award you will get at final Order or not?.

For above 1 - You should understand Court procedures read with litigants (husband / wife) appearances are such in
India that it takes time for finality of decisions of the concerned Court. Keep your evidences on "refusal" and "neglect" read with "his ability" for the case handy it will help you sail through later.

For above 2 - In normal cases interim awards mostly gets merged with final Order and more or less roughly the same what was ordered during interim gets finality and continues for rest of the time till “change of circumstances” application is filed by either side.

Flip above two insights guess work and since you are his wife you may have special knowledge of his reactions so talk to him via Court for sending parties for one more mediation meeting and there put forward your proposal for one time resonable figure as lump sum payment and if it is within his money reach somehow he may agree and thus your main case of S. 125 CrPC get Decreed with a final Order mentioning such lump sum payment mutual agreed by parties and thus both walk out of one such Court case more or less pleased with their acts (decisions).

Even if above mediation fails like he refuses lump sum payment proposal put by your side in front of mediator then also the case re-starts back in same Court and atleast you are not at a loss till final hearing Order comes where you already getting some 9 K as interim maintenance Order. Also note durign mediation phase the interim order still remains active and it is not that during mediation timings the interim he is not supposed to pay !.

You know him better so make a wise guess and act accordingly in Court via instructions given to your advocate. 


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