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Kumaresan Balaguru (store keeper)     02 October 2014

Alimony or jeevanaamsam

Dear All,

My wife and me is separately living for past 1 year. As she clearly told she is not interested to live with me, I discussed to a lawyer about my divorce.

But my lawyer says it could be possible that she could ask for alimony. but some other lawyers say she cannot ask alimony.

She is earning more than a Lakh for a month. And we dont have any kids too.

I am working in abroad,I n this case also would she be eligible for alimony? or what other factors that will be valid for her to file for alimony.

She only deserted me. I have the proof for it.

can you anyone please explain?



Learning

 2 Replies

Tajobsindia (Senior Partner )     02 October 2014

@ Author,

 

1. First understand there are two parts to monetary relief a spouse seeks; interim maintenance (awarded during pendency of a civil and or quasi criminal maintenance case; it is paid each month during pendency of case) and alimony (awarded only during civil matrimonial case; it is paid as lump-sum). Also, both comes into play at different stages in civil matrimonial cases, but, alimony is awarded as final civil adjudication of parties marriage which is final and carries during lifetime of a weaker spouse.


2.
If both spouses are working and especially in factual brief such as this where a weaker spouse is shown to be educated and earning more than her husband then she is not eligible for interim maintenance when civil and/or quasi-criminal law family cases are pending.


3.
However, against backdrop of above para for alimony which is adjudicated at any time of granting decree in a civil family law proceedings, couple of factors are considered to arrive at a reasoning if alimony to be awarded to a weaker spouse or not and they are in relation to this brief are; how desperate you were while contesting various or even one civil family case to end your marriage !. Otherwise the thumb rule in deciding alimony is based on factors such as; number of years in marriage, status of parties, re-marriage ability of weaker spouse etc. etc. Now, I suggest do not write back immediately briefing that "thank you for clarification, but, can you tell me how much alimony she will get since we were married for (say) 5 years! / ?" To me it would not make sense as I believe the way you are asking questions in the forum it shows there is not even a pending case between you and you are just researching instead of reading last 100 discussions in family law forum to self arrive at solution to question and wants spoon feeding.

 

4. So, bottom up and keep retaining a local advocate found via reference and proceed in building a case and see how it progresses r/w do read daily discussions in this and in criminal law forum to make notes as these are most common questions number of times queriest asks here.

 

 

[Last reply]

T. Kalaiselvan, Advocate (Advocate)     06 October 2014

Even if she is earning a handsome salary and have sufficient income to sustain her living, she will be entitled for a maintenance amount if you have income manifold to that of hers to maintain an equal status to that of yours. This is again purely a judicious discretion of the court. Have you filed a divorce case or not?, if not, watch for the developments after filing one and come back with your query after that and do not break your head so soon.

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