bala 13 February 2016

Compensation for divorce case

Hi ,

I have applied for a divorce , but it is not a mutual concern. I would like to know at the end of judgement , howmuch need to give as a compensation ( Approxmate my Salary will be 30K/Month,Also my Wife is BE graduate),since dont have child. Also while in between a case running period , is necessory to give a money for her expenditure.

Please clarify on the above compensation concern, also what is meant by IA Pending and Counter related to HMOP Act.

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3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 13 February 2016

At the end of the divorce petition , it is not compensation which is awarded but alimony . That will be totally dependent on the status of the parties , the individual salaries of both the parties , the decision on who gets to maintain custody of the kids and also on a how much interim maintenance , if any is pending to be paid .

Adv.Yashwardhan Tiwari (Advocate IPR Associate ) 13 February 2016

You don't need to worry for expenditure during case but have to think if decree goes in your favour than will you be able to compensate your period of litigation. IA means Interlocutory application for interim order

Dr J C Vashista (Advocate) 14 February 2016

@ Bala,

What is the opinion/advise of your lawyer qua compensation or alimony? Present, past and future alimony, cost of stridhan and status of parties (especially husbance) has to be considered for deciding the amount.

Discuss with some other local lawyer, if you have lost faith in your advocate.