Regarding Alimony
Querist :
Anonymous
(Querist) 24 May 2011
This query is : Resolved
In 2005, my wife was awarded 10000 as alimony pendente lite and my salary was around 45000 at that time. Wife has now submitted petition for enhancement in alimony pendente lite as per latest salary. Now over the years my salary has doubled. Will her alimony also be doubled? As far as I know, it is said that alimony should be awarded as per the standard wife was used to during her stay in the matrimonial house. Going by this logic, my wife was used to a standard of life where I was earning 45000 and hence awarded 10000. Now if my standard in life has increased (which she is neither used to nor has she contributed to) why should her alimony be increased? Will this not amount to unjust enrichment of one spouse at the cost of the other? In spite of being well educated and having 4 years job experience prior to and after marriage, she purposefully remains unemployed to extract more alimony for self and family. How should I contest this? Seek the views of learned members.
M.Sheik Mohammed Ali
(Expert) 24 May 2011
as per law a wife can ask section 127 alter the alimoney, same time the court having power to either change or not, you submit your side defence.
Guest
(Expert) 24 May 2011
Since petition has already been submitted, you have to convince the court about your point of view, not the members of this forum.
But, mind it, the judge or even your wife can ask, why you needed double the income now, why you could remain satisfied with the same standard of living, as you had been used to when your salary was Rs.45000?
My dear friend, it is the question of cost of living that is increasing without limit, not the standard of life.
Guest
(Expert) 24 May 2011
SIR,
IN CASE THE WIFE HAS APPLIED FOR REVISING THE AMOUNT OF ALIMONY MEANS MAINTAINENCE.THEN YOU HAVE TO DEFEND THE SAID APPLICATION . YOU MAY ALSO FILE SIMILAR MATTER FOR REDUCING THE AMOUNT.
YOU MAY REFER THE CRPC SEC.127 AND STRONGLY DEFEND THE MATTER.GOOD,LUCK.
Devajyoti Barman
(Expert) 24 May 2011
The comparison of the status of the spouses depends not upon the time when they both resided together but upon the current circumstances of the husband.
So I do not think that in the context of such surge in your salary you could avoid the increase of her alimony pendente lite.
Jitendar Kumar gupta
(Expert) 24 May 2011
you have to sort out some method so meet this enhancement, otherwise you have to pay more to your wife.
