Alimony
Amit Sharma
(Querist) 13 March 2012
This query is : Resolved
Hi
My wife deserted me and i want to give her divorce now.
She is earning Rs. 13000 per month and I am earning Rs. 50000 per month. I live in Rental house and doesn't have any property in my name.
My father is no more and we have property in my mother's name. We are four brother sisters.
Kindly let me know that whether my wife is entitled to any Alimony or not.
Thanks
V R SHROFF
(Expert) 13 March 2012
Yes, she in entitled to maintenance & alimony. I assume no children, and she have her house to reside.
If desertion by wife, she will get nothing.
Amit Sharma
(Querist) 13 March 2012
Thanks Sir. We don't have any children.
Sir, she currently being employed and earning Rs. 13000 per month yet she is entitled to Alimony.
Kindly guide.
Adv.R.P.Chugh
(Expert) 13 March 2012
Yes,Mr.Sharma - though if she has withdrawn from your company without sufficient cause, i.e deserted you - she is not entitled - and it would be her burden to prove that she is living apart for some reasonable cause.
Deepak Nair
(Expert) 13 March 2012
You are very well advised by the learned experts above.
Since your wife has deserted you, then she is not entitled for alimony. But, you have to prove the desertion before the court.
If your wife can put forward a sufficient cause for desertion, then she can claim maintenance and alimony.
Ghanshyam Prasad
(Expert) 13 March 2012
She is entitled to get alimony,irrespective of her income.
Guest
(Expert) 13 March 2012
I endorse the views of Shri Deepak Nair.
Isaac Gabriel
(Expert) 14 March 2012
Earning wife is not entitled
Deepak Nair
(Expert) 14 March 2012
Dear Mr.Issac,
Thanks for sharing this.
Shonee Kapoor
(Expert) 14 March 2012
Though earning wife is generally not entitled for any alimony.
But it has to be decided by keeping all facts in mind.
In your case, as the wife is earning and is at fault in divorce. It is unlikely any alimony would be granted to her.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ESTHERPRIYA
(Expert) 15 March 2012
As she is working and earning you can claim this as a hindrance for her maintenance but any how if court feels you to pay some meagre amount as alimony you need to pay for it.Only the level of amount can come down showing her employment.
