Mutual consent divorce-final settlement
sudhakar
(Querist) 30 March 2012
This query is : Resolved
GOOD MORNING,
I AM MALE WORKING IN A GULF COUNTRY, AND HOPING TO FILE A MUTUAL CONSENT DIVORCE IN JULY-2012.1)PLEASE LET ME KNOW ABOUT MODE OF FINAL SETTLEMENT PAYMENT IN INSTALLMENTS
WE DON'T HAVE CHILDREN, MY WIFE IS MORE QUALIFIED THAN ME, NOT WORKING PRESENTLY.
I HAVE CONTRACT JOBS ONLY THAT LAST FOR 1 OR 2 YEARS ONLY AND I COMEBACK TO BHARAT TO SPEND 1 OR 2 YEARS UNDER SUCH CIRCUMSTANCES 2)HOW CAN I AVOID MONTHLY MAINTENANCE PAYMENTS?
BECAUSE THIS IS GOING TO BE A MUTUAL CONSENT DIVORCE, CAN SETTLEMENT BE LUMP-SUM AND NOT MONTHLY OR BOTH PLEASE CLARIFY.
REGARDS
Shonee Kapoor
(Expert) 30 March 2012
Pay 1st installment (around 40%) on first motion.
Pay 2nd installment (rest) on second motion.
Hope there are no other cases.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 30 March 2012
yes you can arrive at lumpsum settlement . depends upon terms agreed between parties
Adv.R.P.Chugh
(Expert) 30 March 2012
Dear Mr.Sudhakar,
Do as advised above, in Mutual Consent cases, there is flexibility, insofar as parties can agree to terms themselves. Maintenance per month or lump sum - for you to decide.
But do keep in mind that a monthly amount is far more prudent, since it has been seen that even after taking lump sum amounts women have backtracked and filed cases for maintenance asking monthly amounts, surprisingly courts have not frowned upon such practise and held that any agreement by which a woman gives up her right to maintenance is against public policy and therefore un-enforceable.
Sankaranarayanan
(Expert) 30 March 2012
I do agree mr bharat bcz no one know the next moment. Hope she also younger so she may either got jjob or marry some one. So monthly maintanance is good way.
sudhakar
(Querist) 20 April 2012
GOOD MORNING THANK YOU ALL FOR THE ADVISES.
REGARDS
V R SHROFF
(Expert) 20 April 2012
settlement can be on monthly and/or lump-some, depends on your consent term, decided at your will and wish.
As no issue, she will marry soon, or get job, so monthly is beneficiary to you.
