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Shivaji Rao (worker)     09 November 2011

Can wife ask for alimony, even if she wants the divorce

can wife ask for alimony, even if she files for divorce and husband does not want to give divorce?

On an average what would the alimony be for a wife who is working and earning well in India.

what factors are considered for alimony?

 

 



Learning

 14 Replies

K.P.Satish Kumar (Advocate)     09 November 2011

You should provide a maintenance to her, Untill you take an counter that of some section which law dosent permits to provide alimony.

K.P.Satish Kumar M.L.

Advocate: 9962999008

Adv Archana Deshmukh (Practicing Advocate)     09 November 2011

The wife can get divorce if she can prove her grounds for divorce, irrespective of the desire of the husband. In case of alimony, she can claim it even if she is working but the court will take into account her income while deciding the quantum if it comes to the conclusion that alimony should be granted.

Shivaji Rao (worker)     09 November 2011

In matrimony, if husband and wife both are working.

why only wife can claim alimony? is this the way law is in india.

are there any cases where husband can claim alimony?

also can one fight the case sittting in USA, if the case is filed in India...is this practical? 

 

niranjan (civil practice)     09 November 2011

If  marriage took place in India,the case has tobe tried in India.

Adv Archana Deshmukh (Practicing Advocate)     09 November 2011

Who told you that husband cannot claim alimony in India? Husband can also claim alimony under hindu marriage act.

1 Like

Shivaji Rao (worker)     09 November 2011

i know it needs to be tried in India. Can we fight the case with out the husband's physical presence?

sridhar pasumarthy (ADVOCATE)     09 November 2011

Dear marnisatish,

Even Husband can claim interim maintenance during pendancy of matrimonial proceedings against her wife u/s 24 of Hindu Marriage Act.

Similarly, he can claim permanent alimony u/s 25 of HMA.

One cannot fight a case without making appearence in a maintenance case except under the circumstances, I have already mentioned in my earlier reply.

Rajeev Kumar (Lawyer/Advocate)     10 November 2011

I do agree with above experts.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

There is no bar to get alimony for a working wife.

 

The alimony is decided on various factors:

 

Husband's earnings

Wife's earnings

Husand's Liabilty

Wife's Liability

Husband's assets

Wife's assets


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


(Guest)

You have to pay that irrespective of the fact she sends you to jail. She's cooked your food ,been a faithful wife and if you kick her out then bear the consequences. US Courts are very hard on alimony and property rights. You have to give her alimony befitting her status which she enjoyed when she was with you even if she earns more than you. Its a tax free compensation for giving you the leisures of life.  However Indian courts are very soft on this, more so as men bribe their way through.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

I disagree with Catty Woman.

 

 

Regards,

 

Shonee Kapoor

harased.by.498a@gmail.com


(Guest)

But I agree with Catty...

 

Very well said

1 Like

save Family System (fdf)     08 November 2012

LAW MAKERS  ARE REALLY  HANDICAP,  ASK WHY?

THEY COULD NOT ERASE  MANY BAD TRADITION FROM INDIA-  LIKE  DOWRY?

 

BUT STARTED  ANOTHER FORM OF  DOWRY-  AILMONY TO WIFE..WOW  WHAT A  INJUSTICE.

IT IS CRIME TO TAKE OR GIVE DOWRY,  BUT FORCING AILMONY IS NOT CRIME,  ITS JUST ANOTHER KIND OF DOWRY  IN THE REVERSE  DIRECTION.

STOP SAYING WOMEN IS POWERFUL,  AILMONY AND GIVING  NON_ DESERVING  ADVANTAGES..PROVE THAT  ITS NOT TRUE...SO INDIAN LEGAL SYSTEM ITSELF PROVES THAT, NOBODY NEED TO PROVE. SO LEGAL SYSTEM DICTATES:-

WOMEN IS NOT POWERFUL,  BUT  WIFE IS POWERFUL.

LEGAL SYSTEM IS NOT DOING WOMEN EMPOWERMENT,  ITS DOING WIFE EMPOWERMENT.

STOP MARRYING ALL GOOD GUYS>>>IT WILL STOP WIFE EMPOWERMENT ALSO.

save Family System (fdf)     08 November 2012

Madam, what if Men gives everything to wife, and still wife tries to control Men, and starts dis-respecting everyone in cluding husband and in lawa...whcih is happening all over the country.  Wife dont earn, and and does cruelty to husband like..not cooking food for 15 days...Abusing husband?

 

All wives uses child as a weapon to abuse their husbands,  I think time has come to prove taht Men can better take care of their child.  Its just a falsfication created ...to give sympathy to women...so that she can earn non- deserving money

Do U agree in that case, wife should be sent to jail including her mother father  brother, and also give money to husband?

Women thinks they are strong, Strong people dont demand money,

Giving Ailmony or maintenence  is just a kind of another Dowry but in the reverse direction.


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