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fighting_498a (engineer)     15 November 2012

divorce-alimony

Hi all experts, My wife is working and earning 40k per month. I have all proofs regarding earnings. As far i know working woman is not entitled for maintenance. Does my wife can demand alimony in court? Court will ask husband to pay alimony?


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Tajobsindia (Senior Partner )     15 November 2012

1. If she is shown working then she should not be given interim maintenance.\

2. The terms and conditions of payment of alimony (i.e. full and final maintenance for life and not interim maintenance here) in India vary from one personal law to another. None of the Indian personal laws are spared from criticism due to existence of flaws in framing definite rules for granting alimony. Here I give views from Hindu Laws as cither.


- The amount and duration of alimony generally depends upon how long the marriage existed. Average Court pronouncements if one study in depth then one comes to realization that Marriages that lasted more than 10 years are entitled to be granted a life long alimony.


- Age of the spouse is also taken into consideration while awarding alimony. Normally a young recipient of alimony gets it for a short period of time if the court thinks that he or she will soon be able to become financially sound trough prospective career excellence or re-marriage prospects are greater here in instance facts.


- Alimony is also in vogue in order to equalize the economic condition of both the spouses. The higher earning spouse is entitled to pay a heavy amount as alimony.


- The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony amount.

- Peculiar “status” the parties enjoyed before and during marriage.

- If one of the spouses is suffering from poor health, the other is subjected to payment of high alimony to ensure proper medication and well being of the other spouse. 

- If one of the spouse is of relatively old age and prospects of re-marriage sounds bleak then the other is subjected to payment of high alimony to ensure well being of the other spouse in her single yet separated old age. 


So on so forth showeth……...@ Lord r/w Beni Prasad may have slightly different nuzzle to shoot the messenger though J 


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