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Alimony

(Querist) 15 October 2009 This query is : Resolved 
Hi All,

I am currently undergoing a divorce(2008) and cureently it is in the stage of Cross examination of witnesses.

I have a few queries about Alimony.

I have submitted my salary slips in the Mainitenance case(2007) which was 2 years back and my salary at that time was 2.4 Lacs PA.

My current take home salary is 3.6 Lacs PA excluding taxes.

Question:

1. What are the grounds to decide alimony for my wife?

2. Will I be asked to submit my latest salary slips?

3. Also in 498a case(2007), my wife alleged of 50 lacs of dowry (which is absolutely wrong) . Will court/judge take into consideration 498a case allegations before granting alimony.

4. Based on above facts, how much alimony can I expect ?

Thanks and Regards,
Kiran.

Adv Archana Deshmukh (Expert) 15 October 2009
There is no strait jacket formula for deciding the amount of maint. The amount of maintainance depends upon various factors such as your own income and expenses, dependents upon you, your wife's own income, if any, is also taken into consideration. Generally, the amount of maint. is not more than 1/3 of your take home salary.
Raj Kumar Makkad (Expert) 15 October 2009
I am also in agreement with Archna and further add that you yourself should come forward and should offer at least Rs. 10 lakh for this purpose otherwise court shall decide keeping in view all the facts/circumstances and you should be ready to bear.
PJANARDHANA REDDY (Expert) 15 October 2009
I AGREE WITH ARCHANA
neeraj (Expert) 16 October 2009
Mr. Kiran,

Why are u surrendering even before the battle. If your wife is at fault, why will you give her any alimoney.

I completely disagree with the advis of Shri Makkad that Mr. Kiran should himself offer 10 lacs in view of his current pay package. When there is no straight jacket formula, how come you sir arrived at the amount of Rs 10lacs?

Regards.
kiran (Querist) 16 October 2009
Thank you guys for your valuable response.

But after reading comments, I got apprehensive about paying 10 lacs.

By alimony, I am thinking, it is the final settlement amount decided by the judge for granting the divorce.

Please correct me if I am wrong.

In the worst scenario, if we consider I have no dependencies and 3.6L as the income, how much alimony is ideal ?

Thanks again in Advance !!
Sukhija (Expert) 16 October 2009
alimony is the amount u both will mutually agree upon, if u r agreeing to pay 10 lacs 7 she is demanding more then u both shd settle on one amount then court can order the same if it is reasonable.
no rule to calculate the alimony yet We have came across.
Sachin Bhatia (Expert) 20 October 2009
agree with Adv. Archana & Mr. Raj


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