Huge alimony claimed in divorce petition.
Vijay
(Querist) 06 August 2014
This query is : Resolved
Hello,
My name is Vijay. I got married on 18-Jan-13 and before marriage I was suffering from a physical condition that which I thought I would get cured of it with time, well, I was right though.
Initially after marriage, I realized that I was not able to have sexual relationship because of this physical condition, however I got cured of it only recently but my wife was not ready to accept me after a long period of disappointment.
Now that I also realize that she is again not comfortable with me as such as a personality / characteristics, so we decided to stay separated.
One fine day, I received Divorce petition which was expected anyway, but they claim huge alimony (Rs. 50 Lakhs) which is totally not affordable by me (or I need to spend my lifetime paying for it). I am ready to pay them whatever that could be affordable by me and also request her to re-marry. Do you really think such a huge alimony will be ordered by the judge during the hearing?
Points to be considered:
1. I do not have any assets or savings. I do have a salary of 1.45 Lakhs per month as take home.
2. She is doing a PhD, will be graduating next year.
3. She claims that I am suffering from Schizophrenia which is incurable and hereditary. But I disagree on this because I was suffering from this condition only for a period of five years and schizophrenia is something that exists from birth.
4. Also that points given in the petition are totally untrue and I wonder how the court will find out the veracity of such claims?
Devajyoti Barman
(Expert) 06 August 2014
The wife can claim as much amount as she likes. It is only the court which fixes the alimony as per proven income of the husband.
If you could satisfy the court about your income,then alimony would be fixed on 1/3- 1/5 th of your salary.
Her capacity to earn should also be taken into consideration.
Vijay
(Querist) 06 August 2014
Will it be lifelong?
Or until she starts to earn or she getting re-married?
Devajyoti Barman
(Expert) 06 August 2014
Until she is proved to have been earning or remarried.
ajay sethi
(Expert) 06 August 2014
you have to deny allegations made in petition . Schizophrenia can be controlled by medicines . it is not ground for divorce . . if you have been taking regular medicine and are cured now no ground for divorce is made out . harp on your wife qualifications. she can easily get a decent job . contested divorce petition take around 5 years to be disposed of .
Vijay
(Querist) 06 August 2014
Thanks Devajyoti and Ajay.
In addition to dispute many points given in the petition, I would like to add these points:
1. Regarding the disorder - "It was the general prescription by the doctor based on my inputs on the possibility of certain disorder". --- I will submit the prescriptions (there was no diagnosis or confirmed medical record in this case).
2. Regarding the Sexual relationship - It was assumed that I had a problem, but the petitioner was also did not show any interest during the entire period, sometime when I initiated for the relationship either she was not responding or simply rejected it.
3. If the given petition is cleared of all allegations without any evidence, A defamation suit will ensue with the given petition as proof.
In all the idea is I want my wife to go for mutual consent for divorce with an agreeable amount as compensation, if that did not work, we will continue the way it should be.
Are the above feasible?
Rajendra K Goyal
(Expert) 06 August 2014
Oppose the motion of wife of divorce on the alleged grounds. Do not agree for such a high alimony. Court may allow as advised by the experts. Engage services of some good lawyer.
ajay sethi
(Expert) 06 August 2014
act as per your lawyer advice . MCD is best option .
V R SHROFF
(Expert) 07 August 2014
Most Important deciding factor is :
[1] Do you want to remarry quickly??
[2] Do your wife want to remarry fast?
You can take advantage of above fact and reduce Alimony/ mtn .
I suggest to Oppose Divorce Petition; So if she want Quick Divorce// Have a boy ready to marry her, You have bargaining power .
Deny her allegation, GO SLOW...
In order to SPEED UP her Divorce, SHE WILL DECREASE HER divorce PRICE/ WAIVE IT.. free
Do not accept your Salary// Let her prove.
You may file RCR..if not in hurry to divorce her...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 August 2014
Yes RCR is proper tactic., but take help of expert lawyers .
Remarriage for either party is not possible in present circumstances.
Though marriage related laws are gender biased still there are simple tactics to defeat all such cases .
Vijay
(Querist) 09 August 2014
Thanks Shroff, Advocate Defence and others.
I am certainly opting for RCR, along with opposing the wife's petition on alleged grounds.
In the end, I suppose it becomes the question either Divorce or no Divorce.
If it is no Divorce, then I am sure my wife will request for MCD which I will certainly agree.
I can see a ray of hope now.
prabhakar singh
(Expert) 09 August 2014
DENY ALL ALLEGATIONS OF DIVORCE.
DO NOT FILE ANY PRESCRIPTION OF TREATMENT. ELSE IT WOULD BE FATAL.LET HER PROVE HER ALLEGATIONS.
SHOW HER EMPLOY ABILITY.
FILE PROOF OF OTHER LIABILITIES YOUR INCOME IS BURDENED WITH.
FILE RCR
