amit kumar (hr executive ) 06 April 2011
Dear Lawyers,
Can the overall amount at the time of divorce can be paid on montly basis or ist one has to pay in one go? If it can be paid in montly than till what period one has to pay the amount to the other and are these monthly installaments fixed by court or one can mutually agree upoun? Thanking you in advance
If u go for MCD,you decide during mediation mutually,if you want it monthly or lumpsum.Get your decision written in settlement deed and in MCD petition.
If u have a contested divorce,and you manage to win it,the judge will decide how it should be.Now whether he decides it lumpsum or monthwise,I am not sure how he decides this.Judges decide monthly and/or lumpsum both ways,this much i know.
PS- I am not a lawyer.
AAK (Advocate) 06 April 2011
there is no specific law with regards to payment of maintainance in lumsum and installments. The only thing is you need to pay the maintenance to your wife as ordered by the court or as mutually agreed between you. Usually it will be on monthly basis. As rightly said by Meenal if your wife remarries she looses the right of her maintenance. If you want to give peramenant alimony (lumsum) it should be mutually agreed between husband and wife.
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