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Prem (MD)     06 March 2013

Clarification

Please clarify the difference betweeen alimony and solatium to spouse in case of divorce. And also let me know if it is a mutual consent divorce, which one is going to be possible, and that too when spouse is also earning. 



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 1 Replies

Tajobsindia (Senior Partner )     06 March 2013

1. Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces is known as 'alimony'. Whereas ‘solatium’ in reference to context as legal word/phrase is more used in Law of Torts and is found reference in number of Queens Court judgments and/or even used by selected few Lordships say at Apex Court (India) who practiced Law in various Queens Court in past, like Hon'ble Mr. Justice S. S. Nijjar whose few Judgments if you read they have quite a few English Law words/phrases in them.

 

2. When couple are thinking to opt for Mutual Consent Divorce irrespective if both earning or one spouse earning and another un-employed they first sit and agree to part ways by giving to another spouse some lump sum amount towards alimony and in reference to Indian context mostly housewife's get so and rarely one hears that a wife has paid lump sum to husband to concede to mutual consent divorce but then there are always exceptions which can be found like in a recent case of two Dr. couple from Mumbai (in Mumbai HC) one spouse just paid Re. 1/- as full and final alimony for agreeing to mutual consent divorce and the other spouse willingly agreed to it and then media splashed the happy ending in reference.


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