Advocate Karuna Bala Sharma

Questions Answered by Advocate Karuna Bala Sharma

Q: Maintenance claim by wife under Sec 125 and sec 498A

sir, I want to know answer of following queries: 1.settlement of 20 Lac maintenance is taxable income for wife and her 13 years old son? 2.can money be submit in lower court or handover to women directly? 3. can women and her son claim maintenance or part of property in future after one time settlement? 4.can wife take money in cash or DD? 5.lower court can settle all 498A,125, domestic violence case, divorce case.

Advocate Karuna Bala Sharma answered
Please find below answer to query;1. Amount earned as settlement after divorce being a alimony, paid by spouse ,is not taxable .2. Money can be submit in lower court or in Court where matter is pending.Otherwise also it is better to pay amount in court.3. Women cannot claim maintenance or part of property in future after one time settlement . But son has right to claim further maintenance. Such settlement does not bind welfare of a minor child. Similarly, son being natural legal heir has right to inheritance as per law of succession, in absence of a will made by father or his grandfather. Legal position between son and father remains intact that has not been broken or cannot be broken especially in regards minor child.4. Wife can take money by way of DD because Court always prefers that settlement amount should be paid in DD.5. Lower Court can settle matters relating to 125 Cr.P.C., domestic violence. Divorce case can be settled by family court. But for matter u/s 498 A, Court always prefers to go for quashing to High Court.Answer to query