Legal Question in Family Law in India
my wife filed divorce appeal against me in high court for setting aside divorce decree granted to me in family court. divorce appeal in high court is pending. but now case u/s 125 crpc filed by my wife in lower court is decided and magistrate has ordered me to grant maintenance allowance to minor child. now my question is:-
1. is there any law by which i can ask court of magistrate to order lumpsum one time permanent maintenance u/s 125 crpc to child as monthly maintenance to child is not acceptable to me. please provide details if any law is there
2. secondly, even my wife is not ready for getting one time maintenance for child u/s 125 crpc and is insisting for monthly child maintenance. is there any law to reject her demand by court and to accept my demand by court.please provide details if any law is there
please do not reply that one time maintenance is applicable only under sec 25 hma as i only want to know any provision/law for one time maintenance u/s 125 crpc because divorce appeal will take many years to be decided
1 Answer from Attorneys
No there is no such law.
Maintenenance is dependent on the cause for which it is asked for. So for example, its for school fee of the child, then obviously it has to be paid monthly.
Ofcourse you can pay the fee in advance as lump sum, if assessed.
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