IA matter taken to high court. Can i ask for one time settlement.
13-Jan-2023 (In Divorce Law)
Hi,
My divorce case is going on from 4 years in family but i have not got any maintainence . IA has been ordered but he has filled a petition to high court for stay in IA. Can i ask for one time settlement ?? Is this to be asked in family court or high court ??
yes in this situation you can settlement in mediation at any time if you want both are ready to settle the once time matter interested you have to go to the by way of mediation otherwise you can High Court in high court also you can settle the matter direct to be mediation
What does returned mean in court?
The status of returned petition means that your attorney has taken your petition back to remove the objections. Anupam Kirti. 22-Jul-2017
What are the stages of case in high court?
Presentation of a plaint
The defendant is served with a summons.
Appearances of Parties
Ex-parte Decree.
Interlocutory Proceedings
The defendant must file a written statement.
Documents to be produced by the parties (plaintiffs and defendants)
Examining parties
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
Hi, My divorce case is going on from 4 years in family but i have not got any maintenance . IA has been ordered but he has filled a petition to high court for stay in IA. Can i ask for one time settlement ?? Is this to be asked in family court or high court ??
Respected
Better you contest the case at High Court and vacate the interim stay order if the order is there. Then refer the matter at mediation and there you can sought for one time settlement. You can contact us if interested.
Respected
Better you contest the case at High Court and vacate the interim stay order if the order is there. Then refer the matter at mediation and there you can sought for one time settlement. You can contact us if interested.
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