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Mahantesh M   21 February 2018

Is well qualified working woman abroad earning fat salary eligible for permanent alimony

Dear Sir;

I had filed for divorce citing desertion and cruelty.Period of marriage 3 yrs, period of desertion 6 years. The wife never came to the court but is seeking permanent alimony from me through an affidavit . She has denied my accusations via an affidavit. In her affidavit she has admitted that she is working abroad in the US but hasn't disclosed her income. She is a masters in engineering.However during my cross I divulged my income details of Rs 1 lakh/month while she might be earning thrice mine.she is agreeing for divorce provided I pay a hefty alimony of Rs 60 lakhs. I have done my MBA. She has filed 498a against me and my parents and also filed in her reply that I had affairs with other girls.

Our reply is that she has not participated in the divorce proceedings and I have denied all her allegations in my cross.she is earning much more than me, so not entitled for permanent maintenance. Now the case is at the final argument stage. So if I can get some guidance it would be really helpful.

Key questions
1) Citations where low permanent alimony provided?
2) Our reply for her demand for permanent alimony?


Learning

 161 Replies

Vijay Raj Mahajan (Advocate)     21 February 2018

If you're wife hasn't replied the main divorce petition nor participated in the court proceeding but only through her affidavit sought permanent alimony, then court will not allow her permanent alimony demand moreover her source of income is three times that you have so by no means she can be entertained. If you're divorce case is under the Hindu Marriage Act, 1955 then I'll suggest you file application under section 25 of the HMA for permanent alimony and maintenance from your wife as you too are entitled for seeking it from wife if she's having better financial status and income than you.

Mahantesh M   21 February 2018

She has not disclosed her income.

TGK REDDI   21 February 2018

She hasn't disclosed her income.       She won't get either alimony or maintenance.     Even if she discloses now, she won't.  If she gives false statement about her salary especially by an Affidavit, she'll go to jail.     You may nevertheless get an ex parte divorce.

TGK REDDI   21 February 2018

You applied for divorce.    You're not entitled to maintenance from her as you're well paid.

Mahantesh M   21 February 2018

She is asking alimony based on cruelty I have done which she hasn't come and proved in court either. What's the value of her affidavit? So how do we go about?

Mahantesh M   21 February 2018

Any citations in this regard will be appreciated

Mahantesh M   21 February 2018

Teddi Sir, can you please clarify Y will she not get alimony if she now discloses her income?

TGK REDDI   21 February 2018

Because she's paid more.

TGK REDDI   21 February 2018

Citations ( reliances )?     Type financially independent wife in GOOGLE.    Google will be much more useful if you try and try.

TGK REDDI   21 February 2018

Cruelty is a ground for divorce, not for alimony or maintenance.


(Guest)
Originally posted by : Mahantesh M
Dear Sir;I had filed for divorce citing desertion and cruelty.Period of marriage 3 yrs, period of desertion 6 years. The wife never came to the court but is seeking permanent alimony from me through an affidavit . She has denied my accusations via an affidavit. In her affidavit she has admitted that she is working abroad in the US but hasn't disclosed her income. She is a masters in engineering.However during my cross I divulged my income details of Rs 1 lakh/month while she might be earning thrice mine.she is agreeing for divorce provided I pay a hefty alimony of Rs 60 lakhs. I have done my MBA. She has filed 498a against me and my parents and also filed in her reply that I had affairs with other girls.Our reply is that she has not participated in the divorce proceedings and I have denied all her allegations in my cross.she is earning much more than me, so not entitled for permanent maintenance. Now the case is at the final argument stage. So if I can get some guidance it would be really helpful.Key questions1) Citations where low permanent alimony provided?2) Our reply for her demand for permanent alimony?

Permanent maintenance petion cannot be dismissed even if she is earning more than you at present.  Tmrw is uncertain. And if you prove to court that your today itself is uncertain forget about your tmrw being uncertain, court will dismiss her permanent maintenance petition.

The above advice is worth crores in rupees.


(Guest)
Originally posted by : Mahantesh M
Dear Sir;I had filed for divorce citing desertion and cruelty.Period of marriage 3 yrs, period of desertion 6 years. The wife never came to the court but is seeking permanent alimony from me through an affidavit . She has denied my accusations via an affidavit. In her affidavit she has admitted that she is working abroad in the US but hasn't disclosed her income. She is a masters in engineering.However during my cross I divulged my income details of Rs 1 lakh/month while she might be earning thrice mine.she is agreeing for divorce provided I pay a hefty alimony of Rs 60 lakhs. I have done my MBA. She has filed 498a against me and my parents and also filed in her reply that I had affairs with other girls.Our reply is that she has not participated in the divorce proceedings and I have denied all her allegations in my cross.she is earning much more than me, so not entitled for permanent maintenance. Now the case is at the final argument stage. So if I can get some guidance it would be really helpful.Key questions1) Citations where low permanent alimony provided?2) Our reply for her demand for permanent alimony?

Permanent maintenance petion cannot be dismissed even if she is earning more than you at present.  Tmrw is uncertain. And if you prove to court that your today itself is uncertain forget about your tmrw being uncertain, court will dismiss her permanent maintenance petition.

The above advice is worth crores in rupees.


(Guest)
Originally posted by : Mahantesh M
Dear Sir;I had filed for divorce citing desertion and cruelty.Period of marriage 3 yrs, period of desertion 6 years. The wife never came to the court but is seeking permanent alimony from me through an affidavit . She has denied my accusations via an affidavit. In her affidavit she has admitted that she is working abroad in the US but hasn't disclosed her income. She is a masters in engineering.However during my cross I divulged my income details of Rs 1 lakh/month while she might be earning thrice mine.she is agreeing for divorce provided I pay a hefty alimony of Rs 60 lakhs. I have done my MBA. She has filed 498a against me and my parents and also filed in her reply that I had affairs with other girls.Our reply is that she has not participated in the divorce proceedings and I have denied all her allegations in my cross.she is earning much more than me, so not entitled for permanent maintenance. Now the case is at the final argument stage. So if I can get some guidance it would be really helpful.Key questions1) Citations where low permanent alimony provided?2) Our reply for her demand for permanent alimony?

Permanent maintenance petion cannot be dismissed even if she is earning more than you at present.  Tmrw is uncertain. And if you prove to court that your today itself is uncertain forget about your tmrw being uncertain, court will dismiss her permanent maintenance petition.

The above advice is worth crores in rupees.


(Guest)
Originally posted by : Mahantesh M
Dear Sir;I had filed for divorce citing desertion and cruelty.Period of marriage 3 yrs, period of desertion 6 years. The wife never came to the court but is seeking permanent alimony from me through an affidavit . She has denied my accusations via an affidavit. In her affidavit she has admitted that she is working abroad in the US but hasn't disclosed her income. She is a masters in engineering.However during my cross I divulged my income details of Rs 1 lakh/month while she might be earning thrice mine.she is agreeing for divorce provided I pay a hefty alimony of Rs 60 lakhs. I have done my MBA. She has filed 498a against me and my parents and also filed in her reply that I had affairs with other girls.Our reply is that she has not participated in the divorce proceedings and I have denied all her allegations in my cross.she is earning much more than me, so not entitled for permanent maintenance. Now the case is at the final argument stage. So if I can get some guidance it would be really helpful.Key questions1) Citations where low permanent alimony provided?2) Our reply for her demand for permanent alimony?

Permanent maintenance petion cannot be dismissed even if she is earning more than you at present.  Tmrw is uncertain. And if you prove to court that your today itself is uncertain forget about your tmrw being uncertain, court will dismiss her permanent maintenance petition.

The above advice is worth crores in rupees.


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