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498_final stage (Professional)     14 October 2013

Alimony & 6months marriage after filing false 498a and dv

Hi Experts,

Just wanted to know how much Alimony has to be paid if divorce is granted after dismissing 498a and DV. Does court favor women even when they know false cases were filed in anger and intention to teach lesson?



Learning

 20 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2013

Dear Querist

Its depend on the court & status of parties. state full facts

498_final stage (Professional)     14 October 2013

Facts are:-

Marriage is <6 months

Unconsummated - Difficult to prove

woman is earning well about - 8lakhs per annum

Boy - makes almost equal amount

No assets are owned by the boy.

Sarvesh Kumar Sharma Advocate (Advocacy)     15 October 2013

It's depend upon parties.

Jatin Sapra 9312223345,Delhi (Advocate)     15 October 2013

hi,

Status of the parties need to be determined while deciding these aspects only earning is not sufficient family background etc. also considered while determining ailmony.

498_final stage (Professional)     15 October 2013

Family background of woman who has filed false cases like 498a and DV. That also within 6 months of marriage?? The family background of the girl is really very poor. Can you tell me how this poor girl could be tortured for dowry when the guy is very well settled financially??? Are you saying the court would simply grant a good sum of money to the girl because she is poor???

Can you give me some reference cases for that?? I would like to understand the basis of your judgement. 

ashoksrivastava (scientist)     19 October 2013

Originally posted by : 498a_Fighter


Hi Experts,

Just wanted to know how much Alimony has to be paid if divorce is granted after dismissing 498a and DV. Does court favor women even when they know false cases were filed in anger and intention to teach lesson?

@querist when wife is proved to be at fault in court and divorce has been granted on this ground then monthly alimony may work out to be between one fourth to one third of net monthly income -liabilities. there is no fixed rule in this regard, as there are so many variables but browsing alimony related judgements on indian kanoon

will give you some idea. Esp. go through judgements where appeal against alimony was decided by HC of your relevance.

regardsASHOK

 

498_final stage (Professional)     20 October 2013

Dear Mr Ashok

 

Thanks for your reply. The girl can take care of herself very well. In fact I have lost the job as my job require international travel and unless these cases are not over I can't work. Moreover I have evidences which clearly reveal that her intention was to file cases and ask for money. 

 

Kindly share some alimony cases where the girl filed false cases and was earning too

 

ashoksrivastava (scientist)     20 October 2013

Originally posted by : 498a_Fighter


Dear Mr Ashok

 

Thanks for your reply. The girl can take care of herself very well. In fact I have lost the job as my job require international travel and unless these cases are not over I can't work. Moreover I have evidences which clearly reveal that her intention was to file cases and ask for money. 

 

Kindly share some alimony cases where the girl filed false cases and was earning too

@ querist law is very clear that even if a wife is divorced due to her fault she is entitled for alimony though quantum will be less.

However if you can prove that she is earning sufficiently she will not be entitled for alimony.

These are well settled law and you don't need any judgement to butress your point.

regards ASHOK

 

498_final stage (Professional)     20 October 2013

Dear Mr Ashok,

Thanks for your response. "However if you can prove that she is earning sufficiently she will not be entitled for alimony."

What if the girl has stopped working? In my case I can certainly prove that she was working till a point she was living with me. Now I have heard from the sources that she has stopped working and eyeing over the maintenance/DV/Alimony. 

Can you tell me how court see this situation?

ashoksrivastava (scientist)     22 October 2013

 

Originally posted by : 498a_Fighter

Dear Mr Ashok,

Thanks for your response. "However if you can prove that she is earning sufficiently she will not be entitled for alimony."

What if the girl has stopped working? In my case I can certainly prove that she was working till a point she was living with me. Now I have heard from the sources that she has stopped working and eyeing over the maintenance/DV/Alimony. 

Can you tell me how court see this situation?

 @ querist this judgement might interest you.

regards ASHOK

 https://indiankanoon.org/doc/328578/

498_final stage (Professional)     22 October 2013

Dear Mr Ashok,

Thanks for sharing this. I think in this case the woman is non working. They have kid and she was dependent on her husband only. Duration of the marriage also looks good. 

This is not a situation with me. 

Also as you have witnessed many women here too, they use all of this to make money. If proved in the court (in my case I have audio recording which clearly reveals that she wanted to teach lesson and also would ask for a big sum of money). Court would not see that??  At the top of it

She makes INR 70K + Freelance assignments

I have recently lost my job and was making IN 40k with some freelance assignments.

One of our senior lawyer said here that I dont have to worry about it because she makes sufficient amount of money and duration of marriage is also very less.

ashoksrivastava (scientist)     22 October 2013

Originally posted by : 498a_Fighter


Dear Mr Ashok,

Thanks for sharing this. I think in this case the woman is non working. They have kid and she was dependent on her husband only. Duration of the marriage also looks good. 

This is not a situation with me. 

Also as you have witnessed many women here too, they use all of this to make money. If proved in the court (in my case I have audio recording which clearly reveals that she wanted to teach lesson and also would ask for a big sum of money). Court would not see that??  At the top of it

She makes INR 70K + Freelance assignments

I have recently lost my job and was making IN 40k with some freelance assignments.

One of our senior lawyer said here that I dont have to worry about it because she makes sufficient amount of money and duration of marriage is also very less.

@ querist If you can prove her earnings to the extent stated by you then you definitely have no reason to worry.But evidence will be needed.

regards ASHOK

498_final stage (Professional)     22 October 2013

Yes sir evidence will be provided.

ashoksrivastava (scientist)     22 October 2013

Originally posted by : 498a_Fighter


Yes sir evidence will be provided.

there is one more thing I would like to add viz.If alimony is fixed based on your and her salary today

then also tomorrow if any of these change she can again approach court for modifying alimony order till her remarriage.

So before you search new bride for yourslf get a new husband for her.Any enemy you have?

regards ASHOK

 

 

 


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