Maintenance claim by wife under Sec 125 and sec 498A

801 votes

In a Mumbai High Court ruling, it was held that monthly alimony, being a regular and periodic return from a decree, constitutes taxable income. In contrast, a lump-sum alimony is tax-free.
It can be done either way, but normally it has been paid to the wife in the presence of judge by wa of check normally so that you can't deny and be recorded in the order of the court also.
No, if you have settled for one time you can't, but if you have only taken for yourself in lumsum, and monthly for your children then they would be having share in their father's ancestral property only not in self acquired, but if there is no will in regard to the self acquired then son or daughter would get by way of succession.
Yes, it can be cancelled but by way of discretion of the court.
Good Luck and God Bless You...!

Advocate Sanjay Baniwal LawRato

829 votes

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

Advocate Karuna Bala Sharma LawRato

562 votes

That income is not taxable as the same is compansessasion for their future maintenance. It is advisable to give amount in court after settlement in the form of DD. The child can claim his right in property. All case can be settled.

Advocate S N Shukla LawRato

691 votes

Dear sir,
1. Yes, the amount of settlement of 20 Lac maintenance is taxable income for wife and her 13 years old son?
2. The money will be given by you as per the terms of settlement and generally given to wife in her account payee DD. The details of Dd is mentioned in all the proceedings of the court.
3. After one time settlement they can't ask any future claim.
4. The money is paid generally in account payee DD. Don't pay in cash.
5. If the cases are settled in mediation the case of 125 CrPC and DV can be settled at lower court and also the case of 498A can be settled at lower if it is complaint case. In case of FIR, you ,may have to approach to High Court.

Advocate Ganesh Singh LawRato