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A Hindu wife has been living separately for the last four years due to mental cruelty by her husband and mother-in-law. There are no children. The husband is employed and earns ₹50,000 per month and has no assets. The wife wants to file a divorce and maintenance case. In these circumstances, is it advisable to agree to a one-time lump-sum settlement of ₹40 lakh with no future maintenance in a mutual divorce?
In such circumstances, agreeing to a ₹40 lakh one-time lump-sum settlement should be done very cautiously. The court generally decides maintenance based on the husband’s income, standard of living, duration of marriage, and needs of the wife. With an income of ₹50,000 per month and no major assets, a demand of ₹40 lakh may be considered excessive. It is advisable to first assess a reasonable monthly maintenance or a realistic lump-sum amount through negotiation or mediation. Proper legal advice should be taken before finalizing any settlement to ensure it is fair, affordable, and legally binding. For further legal assistance contact us on our helpline number.