Legal Question in Family Law in India
Hi
I am Indian Muslim working abroad . i am getting divorced on mutual consent. My in laws and wife wants one time settlement for the children. I have three children age 14,12,7 yrs . My salary is not very good in such case how much should I pay as one time settlement for each child. My wife is having properties on her name and she has a monthly income of Rs 1Lac.
In case if I don't agree on one time settlement and give monthly maintenance then what will be repercussions?
Please advise me in both cases which is good for me
1 Answer from Attorneys
Legally speaking, your wife is not entitled to any maintenance. Maintenance can be claimed by sons only. Since, its a case where both husband and wife are earning, liability to maintain the child falls upon both of them. Therefore,you can negotiate as per your capabilities. It may be lump sum or monthly. It depends upon whether she agrees or not.Legally, you are not bound to give one time.
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