Tough to clearly spell out especially when the thread post is asked by a lady L
Nevertheless one has to start somewhere so how about a saying "Wives get interim maintenance and Indian Husbands get interim bail."
I have some reservation about accepting the proposition that whatever estranged wife states with or without rational basis should be accepted as gospel truth. One cannot be oblivious to the human failing of an estranged wife to exaggerate income of her estranged husband to extract as much as possible due to ever increasing lack of sense of security. Every Court is supposed to be circumspect to ensure that unconsciously by any such order the Court is not forcing one or the other party to the extremes.
She cried – and the judge wiped her tears with my cheque-book.
– Tommy Manville.
In most cases in India, the fulcrum of divorce litigation is alimony, while in other countries its division of property; mostly in developed countries. This may be as a result of economic independence of women in such countries. It is seen that in developed countries alimony is made available mostly in cases involving wealthy couples or old couples who are ending long marriages.
Whereas in India the alimony is decided on the basis of income and background of the couple. In few cases, alimony paid to the wife is based on the standard of living enjoyed by the couple while married. There is no fixed parameter for deciding the amount of alimony to be provided, law on this aspect is still developing, and it is mostly based on cases and orders already passed and taking into consideration the facts of the case to be decided.
As far as the issue of division of property is concerned, the same is primarily decided on the facts of each case and for this principles of equity are used. This is required because our law is not clear on the concept of common matrimonial property. It is deemed that a property in India belongs to the person in whose name it is bought, even if it has been acquired during the course of marriage. Hence, even if a wife pays for some property and it is in the name of her husband, there is no way to prove during divorce proceedings that it rightfully belongs to her unless the wife produces evidence that she had paid for the said property.
"Give her a fish and you feed her for a day, teach her how to fish and you feed her for a life time." That is the real empowerment. But now LCI’s 7 (seven) @ TP misinterpreters what is your defination of fishing?
On your query I would suggets the deal offered by him is not bad at all.
However there is another thing that could be done that is offer him un-restricted visitation of child to him and 50% share in flat in cash, how would that sound as you are not involved in visitation and child is both parents not only yours and yet you retain the flat. Offer this and he will agree as no Court can direct husband or Property developers to strike off co-owners name just like that be it so it was for “alimony” !.
Reasoning:
You are “quickly” walking out with divorce + alimony by way of flat + son in backdrop of years of proving what you stated in your brief as your gospels against he is now kicked out with empty hand how fair is that going to sound in equity and good conscience principles grounds and that is how divorce and property distribution thy name alimony is decided by Courts J
