Legal Question in Family Law in India

My husband and me are getting mutually divorced. The petition which will be filed based on the following points which are mentioned below.

1> Husband will pay me monthly Rs50000/- towards alimony

2> Our 22 months' child's custody will be with me and husband will not have any right or claim on him in the fuure.

However my husband is a defaulter to all his loans and hence I am afraid if he stops paying me the monthly alimony or again litigates to decrease or increase the alimony, after the divorce. What should I do? Husband is not agreeing to pay a lumpsum amount at one shot.


Asked on 5/12/12, 10:36 pm

2 Answers from Attorneys
KAMAL GROVER

You may ask for atleast one year post dated cheques.

Or you may contact us to get any other help.

Regards

[email protected]

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Answered on 5/13/12, 9:45 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Once divorce is granted, that may irreversible. At best you may be left to file a case against him for recovery of the agreed alimony amount, and thus you may not be able to get rid of litigation.

Unless you have other plans [like remarriage, etc.], you should insist for one time settlement of the maintenance amount; or in other words, insist for payment of "permanent alimony" also known as PALIMONY at the time of divorce. You may seek postponement of divorce till he is able to arrange for the maintenance amount that may be settled. .

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Answered on 5/19/12, 8:14 pm


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