Legal Question in Family Law in India

Lumpsum Alimony+Criminal case
1. I am 40 and my wife is 36 years old graduate and housewife. If I get divorce do I have to pay alimony till her death (say till she is 80 years old) if she does not remarry or is it for 2-3 years max? I have no kids and wife is staying with her relatives.

2. If my wife files criminal case against me under 498 IPC and 306 IPC can I still work abroad while the court case is in progress or do I have to surrender passport and be in India?

Asked on 7/14/09, 11:12 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Lumpsum Alimony+Criminal case

The maintenance is to be paid for life. If FIR is registered against you, the police may seize your passport; however, you may seek court's permission for going abroad; such permission may be granted if the court is satisfied;

Answered on 7/14/09, 11:34 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Lumpsum Alimony+Criminal case

you keep staying abroad even though she files a criminal case and you may appoint an attorney for seeking exemption from appearance. secondly, it is the maintenance which is to be paid periodically and alimony is a full and final settlement. maintenance is to be paid till she does not get married or till she is alive but once alimony is decided, its a maintenance for the rest of life.

Answered on 7/15/09, 1:49 am

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