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IA matter taken to high court. Can i ask for one time settlement.
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 ??
Answers (3)
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
Advocate Shankar Bandi
4.0| 5+ user ratings
Horamavu Agara Road,
Bangalore
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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 .
Justice Kishan Dutt Kalaskar (Retd.)
4.6| 100+ user ratings
Malleswaram, Bangalore
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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.
Advocate M Lakshmikanth Arya
4.5| 50+ user ratings
Gayathrinagar, Bangalore
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