90,000+ Legal Questions Answered
For divorce and alimony
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
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
