Legal Question in Family Law in India

what amount can i ask as one time settlement

i got some good answers for this question the last time i asked, but am asking again since my lawyer is saying this. pls. do tell me if that is right?

ours was a second marriage. we got married in dec 08 and my husband who is an american citizen, left after 2 months to US and promising to get me over an then applied for a divorce there. he got a divorce from US which is not valid here, i know and i live in his house so in order that i leave it, he is asking for a divorce from the indian court. he is offering to settle this matter with a lump sum amount. he has a house that is worth around 70 lakhs, and two other sites worth around 15 lakhs, he is working in the US as an IT consultant and is earning handsomely. he made me to come to chennai with him, i lost my job. he has threatened me to leave etc in the past, his mother has harrassed me by bringing men over to threaten me. i have no parents and no family as such. i have no job as of now.

my lawyer says that since it was a brief marriage i may get 10 lakhs or less and i should settle if he agrees to that. what o u think?

Pls. do advise.


Asked on 11/22/08, 4:29 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: what amount can i ask as one time settlement

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Answered on 11/23/08, 12:23 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: what amount can i ask as one time settlement

Please contact personally as your case needs an extensive advice.

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Answered on 11/22/08, 7:11 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: what amount can i ask as one time settlement

In India the duration of marriage is not relevant.

However, considering the worth of the person and his urgency to seek divorce, you may settle for an amount which may bring you sufficient monthly interest for your 'respectable' living.

You need to determine the amount depending upon your 'standard of living' at the time of marriage.

Your husband is liable to provide you maintenance sufficient for your life irrespective of your earning capacity.

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Answered on 11/22/08, 10:48 am


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