For divorce and alimony
3 years ago
My friend is 43yrs. Want to divorce his wife and have 5yrs old son, he is fed up from his wife behaviour and his parents have evicted him from their property,money and everything. His income is 15k do he need to give alimony every months or all one once for his son education and maintenance+his wife. Is it possible? He want to clear out everything. Will his son(5yrs) will get property/money from grand parents who has evicted him from his property.
A.Hi,
It is advisable to amicably resolve the issues and if not possible then go for a mutual divorce as it will be a much speedy process. Also, in mutual all the things like visitation rights, alimony, settlement etc. are pre decided by the couple and mutually agreed upon. This will keep both the parties interest in consideration. If the divorce is not mutual then the court can allow a monthly or a one time settlement but it will only give an order keeping in view your financial earning and capacity. Regarding your parents property, they can give that property to anyone they wish if it is not an ancestral property. If you found this helpful do rate this answer.
It is advisable to amicably resolve the issues and if not possible then go for a mutual divorce as it will be a much speedy process. Also, in mutual all the things like visitation rights, alimony, settlement etc. are pre decided by the couple and mutually agreed upon. This will keep both the parties interest in consideration. If the divorce is not mutual then the court can allow a monthly or a one time settlement but it will only give an order keeping in view your financial earning and capacity. Regarding your parents property, they can give that property to anyone they wish if it is not an ancestral property. If you found this helpful do rate this answer.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
There are a lot of context needed for your issues. If your wife is able to provide for herself and the child then the court might not order you to pay monthly alimony and can settle for a one time payment. It is best advisable to talk to your wife and go for a mutual divorce where all these issues are mutually decided on. If the property in question is an ancestral property then your child has a right over it. However, if it is a self acquired one then your parents can give their property to anyone they like. If you find this helpful do rate this answer.
There are a lot of context needed for your issues. If your wife is able to provide for herself and the child then the court might not order you to pay monthly alimony and can settle for a one time payment. It is best advisable to talk to your wife and go for a mutual divorce where all these issues are mutually decided on. If the property in question is an ancestral property then your child has a right over it. However, if it is a self acquired one then your parents can give their property to anyone they like. If you find this helpful do rate this answer.
Helpful
Helpful
Share
Read Related Answers
My wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
Dear Client,
Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
My husband use to beat me badly
Dear Client,
Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. Accordi...
taking screenshots of spouse's phone having office chat application
Dear Client,
The screenshots of chats, and text messages can generally be admissible before the court of law but are considered as secondary evidence. It must be produced along with the phone used to...
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
