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R K........ (Analyst)     25 May 2012

Alimony amount

My wife left my house and lodged false 406/498A complaints against me and my family

Now they want immediate seperation and they are asking for 25 Lakh rupees.. Actual amount spent on marriage is around 8-10 Lakhs

I don't want divorce and its forced upon me from my wife and her parents and they are taking help of Police to harrass us and asking for settlement

No if the settlement takes place at 8-10 lakhs, then should we settle or should we go to court ?

How much generaly a court decides regarding alimony amount.. I have heard that court also says to pay around 30-40% of what the girl side is demanding.. Is it true ?



Learning

 6 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     25 May 2012

No, it  is not fixed, it is depand on many ground.

adv. rajeev ( rajoo ) (practicing advocate)     25 May 2012

I cannot be said how much court will award.

Never Give Up (Fighter)     25 May 2012

If they are in so much hurry then you be patience..price tag will come down with time elapsed :-)

Manikandanmarry (Owner)     25 May 2012

hi,

 

Feel free to discus you and your life partner.

the life is very beautiful.

 

www.marryexpress.com


(Guest)

On what grounds have they filed divorce? Question of alimony will come only after divorce unless you go for settlement/mediation.

Do they have any proof of desertion or cruelty by you? Even in case of desertion, no court can accept application unless desertion has been for more than 2 years.

Even if you put slightest of effort to contest they will find hard time to get divorce forget about alimony.

In what stage is your 498a case?

cm jain sir (ccc)     26 May 2012

406 fir+ 498fir+she dont wan to live wid u.

wat is left for u to not give divorce!!!

No Alimony for wilful desertion-SC

pls see below-

Supreme Court of India: ‘No alimony for woman who desert husband’

 

New Delhi, Nov 18

In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.

Upholding a decision of the Punjab and Haryana High Court, a bench headed by Justice V S Sirpurkar said the law of the land did not allow maintenance in cases where the wife deserted her husband, children and the matrimonial home.

In the case before the Punjab and Haryana High Court, Poonam, who was married to Mahender Kumar of Jind on January 23, 1992, left her matrimonial home on March 18, 1998, alleging harassment and dowry demands. She also left her children.

Poonam later moved the family court, seeking divorce on grounds of cruelty. But Mahender Kumar filed an application before the court on February 20, 2002, praying for restoration of conjugal rights under the Hindu Marriage Act.

She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home.

Fresh appeal

Two years later, Poonam approached the family court again, seeking divorce — on the ground that she was living separately — and demanding maintenance.

Though the court granted her divorce, her appeal for maintenance was turned down.
The Supreme Court bench said: “You left the matrimonial home on your own, and now you want maintenance. Is this the law of the country? What is the justification for your staying separately?”

No ill-treatment

When the case reached the Supreme Court, Poonam challenged the Punjab and Haryana High Court’s decision, seeking maintenance of Rs 4,000 per month from Mahender.
The high court judgment said she had failed to prove that she was ill-treated by her former husband.

Additionally, the court observed: “Failure of the petitioner-wife to justify her decision to stay away from the respondent-husband and two kids shows that she had left society of the respondent on her own accord.”



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