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Jatin (NA)     04 March 2013

On what basis maintenance and alimony calculated in india ?

It is surprising to read here cases where the Judge orders the man to pay 1cr lumpsum or 50k pm as maintenance and alimony.

 

Could anyone clarify on what basis the Judges come at this figure as in India a middle class person could never think about 1cr and on what ground Judges can ask a man to pay 50k pm as maintennace to wife who is working and not even having kids and situations where even man is unemployed.

 

In West the almiony is decided on the basis of number of kids,the duration of marriage and how much both earns.

In India is there any law or its just looking ath the face Judges write the alimony and maintenance amount ?



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 7 Replies

Ranee....... (NA)     04 March 2013

judges are not fool here too.Those judgements are for very rich people.

Jatin (NA)     04 March 2013

@Ranee ji I accept Indian judges are not fool so please could you let me know in my case how much Alimony and Maintenance Indian judge will order me to pay

 

Living and working in London with a private firm(non India) and have a PR.My Indian marriage enevr even lasted for a day and we did not lived together or consummated the marriage so no kids.

I don't have anything in India for Indian judge to say i am rich and now on what basis Indian judge will calculate the alimony and maintenance.

Ranee....... (NA)     04 March 2013

You have to prove her income if any and show your liabilities more.All cases are different.

Rahul Kapoor (Legal Enthusiast)     05 March 2013

hello,

 the factors considered for grant of maintenance broadly are following:

1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents
 
 
 
regards-
rahul.gogreen@gmail.com

Tajobsindia (Senior Partner )     05 March 2013

 

To me you are worth minimum 50 K pm. r/w worth declaring you as proclaimed offender (PO) status given to understand if and but I ever take up your wife's case for a change J    
Reasoning:
1. You are an NRI with PR status.
2. You have just reads the titles of posts where 1 cr or otherwise were awarded and never cared to read the full text judgment and started thinking you are middle class person. 

3. You didnot mention how much you earn.
4. You didnot even mention wife's education or earning capacity.  
5. You have not even mentioned if any case she has filed upon you.
6. You did not take till date opportunity to file a case due to non-consummation of your marriage.
7. You have not even mentioned date/month/ or year of marriage and since when if so both are living separate.  
so on so forth………..

Bottom line before asking question on maint. donot allow repliers on a journey of  some wild guesses otherwise so @ Rahul's reply is apt for you for the time being.  

Nitin (Law)     05 March 2013

I agree with what Tajobsindia wrote but i also want to let everyone here be aware that 498a maybe like ordering a Pizza but LOC and PO is not an easy task which needs lots of bureaucracy.Also PO and LOC even if issues is only for a year and does not remain whole life long unless you are a wanted terrorist and wanted by the government.

 

In this case when he is an NRI and not having any kids and also never lived together LOC and PO is something out of topic.Normally such high alimony and maintenance amount is ordered only when there are kids involved and it was a long marriage but in your case there should not be any kind of maintenance or alimony.

gautam (not disclosed)     02 October 2013

if i dont want to pay lump sum alimony but only monthly amount till she remarries

how can i go about it?

what are the pros and cons of it?


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