Roshni B.. (For justice and dignity) 30 May 2011

Husband told to pay Rs 70 lakh alimony

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The Delhi high court has ordered a vice president of one of world's largest banking firm to pay Rs 70 lakh alimony to his estranged wife and their four-year-old daughter. The court noted the man abandoned his wife and daughter in India and led a luxurious life in Dubai. Ashok (name changed) and AshaGA_googleFillSlot("ht_story_top_lhs_200x200");(name changed) got married in 2000 and started living in Dubai, where Ashok was heading the operation of a Dubai-based banking firm. After some time, the couple got back to India where Ashok allegedly abandoned his wife and minor daughter.

In 2008 Asha filed a petition in the court for grant of maintenance of herself and their daughter. Initially, a trial court granted maintenance of R80,000 per month in accordance to her husband's earnings.

But after a sessions court reduced the maintenance from R80,000 to R30,000 per month, Asha's counsel Prabhjit Jauhar filed a petition in the Delhi high court.

The counsel told the court that Ashok was concealing his true income and that he be told to submit his employer's certificate along with his monthly earnings and his statement of bank accounts for the past three years.

The counsel also demanded that a statement stating how much bonus he received during these past years should be filed in the court. Ashok's counsel Malvika Rajkotia said there was no practice wherein the bank could issue such a certificate.

Justice Ajit Bharihoke struck down Ashok's contention and directed him to file his employer certificate including the perks and bonus accrued to him every year.

But later, Ashok agreed to come to a mutual agreement. In an in-chamber proceeding, he agreed to pay R70 lakh as alimony to the wife and daughter.

https://www.hindustantimes.com/Husband-told-to-pay-Rs-70-lakh-alimony/Article1-703488.aspx

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24 Replies

(Guest)

80 lacs must be his 1-3 years' earning in dubai. He abandoned his wife and child in India and got out easily in court.

(Guest)

oops, 70 lacs not 80 lacs. Even in India one can easily make 12-15 lacs p.a. in that kind of position, in Dirhams it can easily be 10x of what one makes in Rupees.
Is there any properly laid down law which says what percent of income one can claim? Seems like all is based on how much you bribe the judge.

yogesh (will tell you later) 30 May 2011

80 laks is very high amount alimony. It all depend upon the actual life style and standard of Living. Alos, one can equate currency gain in differnt country and comapre it wrt to India. Its good that NRI doesn't belong to UK where as each pound costs 80 Rupees

It is also to intimate that bread cost in UK is also equal to 120 Rs where as in India it costs 10-15 Rs and its very strange to equate the income of other country with India

syed (Branch incharge) 30 May 2011

Kash my bhi ladki hothi

Self service (None) 30 May 2011

This judgement need revision. too much paid and that guy agreed. Earning in one currency can not be compared in another. Rs 80 L roughly equal to 200k USD. If he earns in Dihram he will be spending in Dihram also ... errornous judgement.

syed (Branch incharge) 30 May 2011

I agreed - self service

Something golmal happend in this case

Self service (None) 30 May 2011

Also details are not clear wife was working or not? or probably daughter factor fetched higher amount.

But still too high ..

ADV Rajesh KASRIJA (ADVOCATE) 30 May 2011

https://www.hindustantimes.com/Husband-told-to-pay-Rs-70-lakh-alimony/Article1-703488.aspx

(Guest)

@Roshni

Kya baat kar raho ho Roshni

You paid 80000/-RS. as advocate fees and get nothing.Lakin yaahato justice mila hai

Bhagwan ke yahan der hai andher nahi.......

To yaar koun sa bulb use hota haiKaash ek bulb Roshni ki jidagi me bhi hota(oops! aapka naam hi roshni he esi liye god ne bulb extra nahi diya he)

Anyway just kidding kash aapko bhi.....

Dene vala jab bhi deta deta chapper phad ke

Muje to ye baat sunte hi chakkar aaane lage he

Kahi me chalte chalte gir na jauoo!

1 Like

Suchitra. S (Advocate) 31 May 2011

There is no hard and fast rule in deciding the alimoney. Each case is different and Court has to go into various factors while deciding the amount. Before we know the complete facts of the case, we cannot comment on the alimony being higher or lower. Factors like age of the wife, her opportunity loss, staus of both the parties, the currency value of the husband where he is working, whether maintenance amount includes maintenance of children, educational qualifications, who deserted whom so on and so forth. It also depends on the evidences that are produced before the Court such as payslips, the expenses incurred by wife in her marital life, proofs regaring cruelty, loss of her salary etc.

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(Guest)

Originally posted by :Kushan Vyas
"	@Roshni To yaar koun sa bulb use hota haiKaash ek bulb Roshni ki jidagi me bhi hota(oops! aapka naam hi roshni he esi liye god ne bulb extra nahi diya he) Anyway just kidding kash aapko bhi.....	"

Kushan jee,

It's not right to poke fun at the personal problems of others.

I pray to God that you leave your habit of passing on personal details of people to others,and vice versa.

You being an advocate,I hope you never carry on the same habit of giving files of your client to the other party.Otherwise people will stop trusting you completely,both in your personal as well as profewssional life.I m sure people who are appreciating you are also victims of your same habit.

revolutionary (NA) 31 May 2011

Can anyone please clarify, why is the compensation for alimony linked to earning capacity of the guy? This would just entice more and more women to marry and rick guy first get a huge alimonhy and then marry their bfs and they can live happily ever after.

Also shouldnt the pay out be enough to meet basic needs and not luxury. The guy has reached that position because of his hard work througout his life and now he has to part with a major chunk just cuz he got married with the wrong girl. Guys would just stop getting married.

Also 70 lacs is a big amount even in Dubai. It would have been easier if he would have converted to be a muslim in dubai and just went ahead with talaq talq talaq and would be scott free

(Guest)

Yes, this kind of approach of offering luxurious maintenance based on hubby's income will surely encourage extortion.

Greedy women will marry rich guyz and those rich guyz will also b at liberty of abandoning them and paying a huge alimony as they can easily afford to do this.

The people most badly affected by this are middle class and upper middle class. Middle class guyz will not get a suitable match and upper middle class will not b able to marry for the fear of getting trapped and losing their lifetime earnings!

This is where the laws are taking our society :(

Suchitra. S (Advocate) 01 June 2011

Courts look into the income of the husband because, it is expected that his wife should be kept in the same social status after divorce as she used to have when she was in her matrimonial home. Even if she is earning, it may not be possible for her to stay in the same status as she was in her matrimonial home with high income of husband. to compensate for that, courts look into the income of husband.

4 Like