Maintenance/ Alimony
Hitendra
(Querist) 11 October 2017
This query is : Resolved
I have 7.5 years of marriage and two daughters aged 5.5 and 4 yrs. Its DV case running now and I didn't found guilty yet.
Is wife entitled for maintenance/ alimony, if:
* I prove via call recording that she tried to make me mentally unstable by giving Vobhooti in meal and conspired with her sister against me.
* I prove that she has an extra marital affair now after leaving my home.
* My income is 50k but after all expenses and litigation charges, I am left with Rs 3800 only per month. How much she can be given as maintenance? My expenses doesn't include child school fee yet.
* Is it valid to transfer the amount online or only cheque and DD is valid?
Pls help.
Ms.Usha Kapoor
(Expert) 12 October 2017
unless your wife is gainfully employed and highly qualified you will have to pay monthly maintenance to your wife and the kid. At the time of divorce you'll have to pay attractive alimony and return of her Stridhan to her. You deposit her monthly maintenance in court along with the monthly maintenance for the the kids. After the children cross 5 years in age you can apply for guardianship and child custody under Hindu Minority and Guardianship Act r/w Guardians and Wards Act from child welfare point of view as the child's welfare is the paramount consideration in court's view.Till the children are 5 years old they can stay with mother as mother is their natural guardian of the kids until they complete 5years in age. After that father,,you are the natural guardian. (f you prove to the satisfaction of the court that you are better off than their mother financially and lavish love and affection on the children court may handover custody and guardianship of children to you only. MEANWHILE YOU CAN GET VISITATION RIGHTS.
Dr J C Vashista
(Expert) 12 October 2017
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What is your problem, seek advise from a tutor to improve your legal knowledge.
It is abuse of this platform, Admin LCI may please look into and filter such author/questions
Rajendra K Goyal
(Expert) 12 October 2017
Court may consider fixing maintenance for her if her adultery proved beyond doubt or she is gainfully employed.
You may have to pay alimony for the children.
Pay while considering for alimony, court generally consider deduction of taxes from pay.
Hitendra
(Querist) 12 October 2017
Thank u experts, especially Dr Vashista for your kind and valuable words. Its unfortunate that I am always been left as victim :-( which is why I seek help.
