Halwa Raj (STP) 20 July 2014

Divorce and 498a

Hi,

My wife and me have been staying separately for a year now. She filed a 498a and divorce.

She is asking for 45 lacs as alimony.

I dont want to give her anything as she harassed me with 498a.

Now can I ask her to withdraw 498a and also I dont want to give her any alimony.

Divorce case is in final stages, she has asked 45 lacs in the court.

My lawyer said if i give her alimony, we can force her to cancel 498a.
We dont have any children.
She is working as a lecturer.

Please help.

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7 Replies

RahulMAANN (Other) 20 July 2014

ro...whats ur take home monthly salary which will decide Alimony & maintenence ??

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 July 2014

she is working women. You can ask alimony from your wife, if you are not having any job or income. This is latest Gujarat state court judgement

Halwa Raj (STP) 20 July 2014

Originally posted by : RahulMAANN
	ro...whats ur take home monthly salary which will decide Alimony & maintenence ??

My take home is around 70K per month.

But she is also working.

Also, one of my friend told me, I can should quit my job and say tht i do not have any income for the maintanance or alimony.

is it possible?

Halwa Raj (STP) 20 July 2014

Originally posted by : ramachary64@gmail.com
	she is working women. You can ask alimony from your wife, if you are not having any job or income. This is latest Gujarat state court judgement

That sounds like releif. can I quit my job and say I do not have any income and ask for alimony?

RahulMAANN (Other) 20 July 2014

any laibilities...like Home Loan, personal Loan, etc ?? You need to subtract that from yr Net Take home to arrive at actual salary savings / month which will decide your Maintenence & Alimony...Also as told by you, since she's working so she cannot ask for Maintenence...for Alimony 'm not sure

Originally posted by : Halwa Raj
	Originally posted by : RahulMAANN ro...whats ur take home monthly salary which will decide Alimony & maintenence ?? My take home is around 70K per month. But she is also working. Also, one of my friend told me, I can should quit my job and say tht i do not have any income for the maintanance or alimony. is it possible?

gautam (not disclosed) 21 July 2014

Legally, She will get minimal alimony if any as she is a working women.

Out of court settlement where you pay money for her to withdraw the case is an option where both of you can save precious years of court case and go forward with your life, which is why people are terming 498A as legal terrorism

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 July 2014

Dear Querist

if she is working and earn and able to maintain herself and you proved it before the court then she can not get any alimony from you. but if you want to quashed the 498A case then it will be better to settle the matter amicably with her or fight the case on merit......

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