Kakuli Sarkar
(Querist) 19 February 2016
This query is : Resolved
Respected Sir, As on now after talking with my son judge had granted a full day visit with his father once a week. In this circumstance my husband now want to finalize the divorce. My asking are: 1) If I do not want to run a new and separate case for alimony can I demand one time alimony while finalizing the divorce? 2) My husband’s income is 30 to 40 thousand (approx.) and my income is 11 thousand. Though my my job is temporary in private sector. Many times I have to survive jobless. What amount of money I can claim? 3) Can I say to Judge I will not marry again. My economical condition is very poor for hire any lawyer and run any case. My demand is Rs ………….please ask my husband to keep ready the amount and I will come and sign in divorce. As I am not economically strong and working in a private company in temporary basis. It is difficult for me to spend money and time for any legal case. My husband had stopped my son’s maintenance for 2 times in 3 years. He is not regular in paying money and my job is not permanent many time I have to survive jobless so I want to secure my son’s life.
Santosh Goswami,Advocate
(Expert) 19 February 2016
the can not force the husband to pay alimony if he is not in a position to pay lump sum money. Still, you should move an application u/s 25 HMA for alimony for yourself and your son.You may quote any figure but court will decide the matter in view of his salary, economic status. But at the disposal of divorce, court will certainly allow maintenance or alimony for sure. 9555462995
Guest
(Expert) 19 February 2016
Any demand is subject to mutual consent, not arbitrary. Even otherwise also, no judge is expected to agree with your demand if your husband does not have adequate resources to meet with your demand.
Rajendra K Goyal
(Expert) 19 February 2016
Well advised, agree with the experts.
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