Alimony : monthly or lump sum

J.....

It can be either of them....

Regards

Chetan(dot)7679(at)gmail(dot)com

Originally posted by : Jay
	Hi there,   My name is Jay and I am fighting my divorce case in a Family court in India.   I am in India with my son from last 4 years. My wife left us in UK after we stayed there for a year. Before that we were in Canada for 10 years. My wife suffers from mental depression issues.   From last 4 years, I have been fighting out this matter and now the Opposite party/lawyer has come down to Mutual Agreement. Thus a Mutually Agreed amount has to be paid by me. My query is : Has this amount/alimony be strictly Lump sum? Can it not be monthly?    I have not paid a single Rupee to my wife ( may be for Interim maintenance) during the course of this case (i.e last 4 years). However my wife does receive a monthly Amount/benefits from the Canadian Goverment as she stay / resides in Canada.   Please advice.   Thanks J

Dear Jay,

What I would suggest is, you go for a lumpsum package and get rid off the payment headache, {you know your finances better]

Suppose if you go for monthly payment, if you not being able to cough up money at the proper time, again there will be warrant issue, judicial custody, extra time waste all that...

Now that the opposite party has come for mutual agreement, YOU PLEASE GET RID OF THIS THING RIGHT AWAY, WITHOUT FURTHER DELAY.

if the sum what they ask is huge and you cannot adjust such money in short notice, then ask them to break the sum into 4 and pay as agreed in 4 promised dates and get divorce.  

Thanks to the Lawyers - Chetan  and Sujay who responded my query.

One of other Lawyer told me that when u are doin Out of Court Settlement on Mutual Agreement basis, the Opposite party (on most occasions) will never settle down on Monthly Payments only (as they know the loop holes in it). They will demand a Lump sum money only. But if that amount is too high for u (i.e. me)  to give, let the matter be taken back to court who will then give judgment to give Alimony on Monthly Basis.

Originally posted by : Jay
	Thanks to the Lawyers - Chetan  and Sujay who responded my query. One of other Lawyer told me that when u are doin Out of Court Settlement on Mutual Agreement basis, the Opposite party (on most occasions) will never settle down on Monthly Payments only (as they know the loop holes in it). They will demand a Lump sum money only. But if that amount is too high for u (i.e. me)  to give, let the matter be taken back to court who will then give judgment to give Alimony on Monthly Basis.

Dear Jay:

Yes, in most cases as that lawyer has said, its the same, they ie the wife demands high amounts.

Eitherways, you will have one option, ie to ask the judge to consider your state of financial stability etc and considerably reduce the amount payable for one time settlement as peramanent alimony, if put in a subtle way, the judge am sure will agree to reduce the final price for your relief.

On a personal level, my advice would be to wash off your hands once and for all, as we never know what's in store tomorrow, having said that, God forbid if you end up in a situation, when your health deteriorates etc. where you wont be able to cough up money at monthly intervals, you will be put into a lot of misery.

Please do think about it and proceed. 

Are you interested in re-marriage  ?? As your wife is getting a monthly sum from the canadian government why do you want to pay maintanence . Project to the court that she is getting monthly maintanence from the  canadaian government . 

Read section 125 of CRPC and see the wording Destitue or varagance :-) 

I dont understand why do you want to go for mutual divorce provided you are desperate to remarry . If not contest the case .

Hi Sujay/Stanley,

Ur inputs are appreciable.

I am in no hurry to get re-married. I am in hurry to get rid of this tensions.

My wife is getting money from Canada Goverment , but it may not be enough, so she can get the rest from me.

My Judge already knows that my wife is getting that amount from Canadian Goverment.

I want to give them a lump sum amount deal which is upto my budget else i take the matter back to court and let the judge decide the alimony (which would be definately monthly - I guess).

Give me ur thoughts...

Regards,

Regards,

Jay