harrassed 06 September 2015

Contested divorce - alimony?

Hello Experts,

I have filed a divorce case on the grounds of cruelty against my wife. She had filed 498A in a different state after the previous 498A was closed. For last one year she is not providing any written statement for my divorce petition. On the contrary she had filed DV case against me. An interim maintenance has been awarded for the child till the diposal of the original petition.

Question: How would the alimony be granted. I have been married for 5 years. Lived together for less than an year. She is working as a teacher. She is the only daughter for her parents. Her father says that he is a crorepati and can destroy me with his superior money power.

Thanks in advance.

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5 Replies

KS Johal 06 September 2015

I cannot understand your first sentence. 'I have filed a divorce case on the grounds of cruelty against my wife.' Sorry difficult to understand.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 September 2015

Sir,

Alimony can be granted on seeing your income, her income, your dependents and her dependants.

Qualification of both the parites. How much she is already getting as an Alimony?

Warm Regards

Kapil Chandna Advocate

9899011450

harrassed 07 September 2015

Sorry for not being clear. I have filed a divorce case against my wife in Dec-2014 after trying to resolve the things but in vain. My wife is working. I have got her a job after making her study a PG course. There were so much of cruelty done by wife that she had invoved rowdies in private life.

Thanks Kapil sir for the clarification. Now that my wife is working will there still be alimony considering that she will get married soon. I would like to get my son with me but she is so adamant that she is not ready for giving my son.

Thanks in advance.

advocatepassy@gmail.com 971794 (Advocate) 07 September 2015

Custody of child is decided by the court, not by individuals. Generally it goes to the mother if the child is less than 5 years of age. Yes, her income will be decisive factor in alimony. If she remarry, the alimony will stop.