Legal Question in Immigration Law in India

Limitation on Alimony amount

I want to request divorce from my wife on grounds of mental cruelty ideally without alimony or max Rs 5 lacs lumpsum full and final settlement in my divorce petition.

During the trial if wife successfully makes counter accusations against me and court asks me to pay alimony greater than 5 lacs, can I ask the court to withdraw my divorce petition and thus not pay the alimony by going for RCR.

This way can I eliminate the risk of paying sum greater than 5 lacs ?


Asked on 7/06/09, 6:44 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Limitation on Alimony amount

No, the risk of making payment of alimoney amount fixed by the court cannot be avoided.

You cannot unilaterally fix any amount of alimony - monthly or lumpsum; that is the prerogative of the court.

Even if you withdraw your case, the court may still award her maintenance / alimony on her application.

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Answered on 7/07/09, 12:26 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Limitation on Alimony amount

no...such tactics would not be of help to you as the court may allow you withdrawing your divorce petition but will decide application of your wife filed u/s 25 for permanent alimony. this way you will not get divorce at the same time end up paying more. there are other ways to solve this problem.

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Answered on 7/06/09, 7:36 am


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