Legal Question in Family Law in India

Respected advocates,

I got married under HMA.I have also got maintenance order under sec 125.But till date my hubby has paid only part of my due in spite of execution.Now i have planned to file for divorce and ask for one time settlement by withdrawing case under sec 125 crpc and asking for maintenance under HMA.My lawyer has spoken to his lawyer and they said my hubby is not ready to give me one time money.Can court order my hubby to give one time money instead of monthly maintenance even if my hubby insists on monthly maintenance and object of giving one time money in divorce case?


Asked on 9/27/09, 2:01 am

3 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

You can certainly ask for a lump sum maintenance citing that your husband had defaulted in payment of court - ordered monthly maintenance amount.

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Answered on 9/27/09, 5:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

It is not mandatory for the court to grant you one time maintenance. The court may rather give an option to your husband for providing either monthly maintenance or one time settlement. If you withdraw 125 proceedings, you may claim maintenance under H.M.A. in divorce proceedings.

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Answered on 9/28/09, 10:42 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

till the time proceedings are pending, the court would grant maintenance pendent lite..i.e. pending litigation and can order the permanent alimony once you move an applicatin u/s 25 and at the time of grant of divorce.

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Answered on 9/28/09, 1:50 pm


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