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Vipul (Cannot Disclose)     24 June 2013

Divorce

Hi, I have filed for a divorce case in Mumbai court in 2010.  The case has reached the stage of cross examining respondents (my wife's) witness (her father).  I have a daughter aged 4years and 7 months as at today.  I have hired a good lawyer and have good guidance from him but wanted a second opinion also.

1) How much would be the maintenance amount I would require to pay considering the following facts:
     My wife works @ a bank and earns INR 35,000/pm, I work for a corporate and earn INR 40,000/pm (I have heard of a formula which is used by judge to derive the amount - I guess!!!)

2) How many more stages of proceedings are still pending considering this is the last witness from her?

3) How many months after the decree of divorce (final judgement) can I remarry?

4) Is final judgement equal to decree of divorce.

Please help



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 June 2013

My wife works @ a bank and earns INR 35,000/pm, I work for a corporate and earn INR 40,000/pm (I have heard of a formula which is used by judge to derive the amount - I guess!!!)

There is no any formula for deciding the amt of maintanance. You'll not be required to pay any maintainance to your wife, however, you will have to pay maintainance for your daughter.

 

2) How many more stages of proceedings are still pending considering this is the last witness from her?

After her evidence is closed, the matter will be fixed for arguments and then judgment.

 

3) How many months after the decree of divorce (final judgement) can I remarry?

90 days, if no appeal is pending.

 

4) Is final judgement equal to decree of divorce.

A decree is drawn after judgment.

1 Like

Rajeev Kumar (Lawyer/Advocate)     24 June 2013

Dear querist, Before passing the order of maintenance the judges considered the following fact sources of income of both parties, their assets, liablity and their earning. It is earlier to predict that how much the court will grant maintenace as it is totally depends upon the discretion of court. As it is the last witness after that argument will be he held and the court will proclaim the judgement. After the 90 days from the decree of divorce you can remarry if the appeal is not filed to higher court and if appeal is filed then you can remarry after 90 days from the disposal of appeal subjected to further appeal.
1 Like

2BHelpfull (Other)     25 June 2013

Amout of Maintainance is as per court discretion.

 

it is mainly decided on the bases of Standard of Living of the Husband.

 

and as Adv. Archana said you donot have to pay maintanance for ur wife but for ur child yes

1 Like

Adv k . mahesh (advocate)     25 June 2013

have you filed the salary slip of your wife who is working if not then take her salary slip of past three months and file as evidence to support to reduce the maintenance as lot of judgement are there to support that if wife is working no maintenance is granted and for your child is less then 4 years for her you have to pay maintenance 

after final judgement there is a limitation period of 90 days for any party to appeal before the next higher court for reconsideration or the judgement is not on merits and lot of points will arise to appeal 

and if there is no appeal or the judgement is final then you can marry anyone 


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