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Varun2020   26 July 2019

Alimony on Divorce on grounds of mental cruelty

Hello Members,

I want to file divorce case against my wife on grounds of mental cruelty. I am ready to pay maintenance. But not have that much money to give one time alimony.

My in laws and my wife lodged false 498A, 406 against me. Again they are asking me to start living with her , otherwise wife will commit suicide and I'll liable for that. Currently everyday I am running in tension. My life has become hell because of them.

my question is, can a wife claim one time alimony from husband even though husband ready to pay maintenance?

My marriage has just crossed 1 year. Marriage was not consummated and she is not working. But having higher degree than me , she can get a job if she tries well.


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 4 Replies

sm.calcutta (Advocate)     27 July 2019

you seem to have a good case. approach a good lawyer, and he can take this matter further.
one time Alimony can be avoided if proper grounds can be shown. plus, she is not required to earn, its enough that she is well capable of earning. so the amount of maintenance can also be reduced on that piont.

Varun2020   27 July 2019

hello sir, @sm.calcutta: If you are from Kolkata, then could you please provide your number?

sm.calcutta (Advocate)     27 July 2019

yeah! 9038372417

Saeed Rahim Sayyed   27 July 2019

she can't claim one time alimony . but she can file domestic violence case under 2005 act and demand various money. even also she can demand in your divorce petition and also as per section 125 of Cr.P.C because she has right to claim as a wife.

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