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Sonu gupta (Non e)     08 January 2024

Divorce case and alimony

1)If alimony that is one time ordered by hon.court can be given only by cheque or DD or ....we also have option of giving flat and home or commercial shop as per market value if I have purchased flat 50 lakh and now it's market value is 75 lakh so can if court orders 1 crore alimony and can court accept my request to give my wife flat 75 lakh and 25 lakh by cheque ??....

2))my wife is post graduate and not worked ever not any will to work and my son small kid under 5 ..i have salary 1 lakh per month and all ancestral property is on joint names of brothers and mother and me...so sometimes I feel money loss can be recover but family loss can ever be recovered ..I am also taking loan to give alimony as I it's difficult to live in family which is controlled my SaaS sasur ..thxx all



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 6 Replies

SAM (LEGAL)     08 January 2024

Dont give anything to your wife in terms of money consideration amount. 

Dr. J C Vashista (Advocate )     08 January 2024

Originally posted by : Sonu gupta

Q 1)If alimony that is one time ordered by hon.court can be given only by cheque or DD or ....we also have option of giving flat and home or commercial shop as per market value if I have purchased flat 50 lakh and now it's market value is 75 lakh so can if court orders 1 crore alimony and can court accept my request to give my wife flat 75 lakh and 25 lakh by cheque ??....

A. Payment by Cheque or DD is acceptable. 

One time payment of alimony must have been accepted by you in the Court, isn't it ? If so, what is your doubt / problem / query ? Why do you offer house ./flat or shop with market value ?

Q 2))my wife is post graduate and not worked ever not any will to work and my son small kid under 5 ..i have salary 1 lakh per month and all ancestral property is on joint names of brothers and mother and me...so sometimes I feel money loss can be recover but family loss can ever be recovered ..I am also taking loan to give alimony as I it's difficult to live in family which is controlled my SaaS sasur ..thxx all

Pay from your saving / loan / share in the property, it is your arrangement and not a legal issue for consideration, opinion and advise of experts on this platform.

Neither facts nor queries are clear. 

 

Sonu gupta (Non e)     08 January 2024

Sir I am saying if court orders 1 crore alimony. can I give same amount of flats or shop of mine??..can I give same amount by property ??...is acceptable by court???

SHIVKUMAR AGNIHOTRI   08 January 2024

you have to make your opposite party means your wife to agree with your proposal, if she accept the proposal then court accept it,

T. Kalaiselvan, Advocate (Advocate)     08 January 2024

You can express before court that since you do not have the money to be given to her, you are compensating an immovable towards the cash to be paid.

Court will ask her objection and may pass orders on merits

Dr. J C Vashista (Advocate )     10 January 2024

It is to decided by both of you wherein your lawyer(s) can help you in arriving at a mutally accepted deal. However, it is not a legal dispute for posting and clarification(s) on this platform. 


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