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BattleBegins (s)     05 August 2016

How much alimony for business person ?

After 6 months of marriage my filed 498/a case against me and my family members, Now as per this case now i don't want to live with her and even she also don't want to.  If  divorce case is filed either by me / her than how much alimony i need to pay ?  I am working as IT freelancer and my income is not fixed every month, Sometime its high or sometime zero. On average i earn 30-40k per month but again its not fixed, it all depends on work. 

Note: She is  pregnant.

How much alimony court will decide for her ?  

 

 

 

 

 



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 9 Replies

Born Fighter (xxx)     05 August 2016

In just 6 months of marriage you are deciding for divorce. What happens to the kid who is yet to come into this world ???

 

Pls leave aside your EGO and look for resolving the dispute. Speak to ur wife and seek Mediation/Counselling. If things dont work out then think about divorce and alimony

By the way ur wife can ask for the MOON as one time alimony, however the court will look at ur income/standard of living / capacity of wife to earn if she is qualified or working and then award maintenance. 

U can go thru other posts in this forum where you can seek answers to ur questions in detail

Kumar Doab (FIN)     05 August 2016

Try to save the marriage.

If not possible then the road ahead leading to judicial separation is not easy and is rather very difficult.

Prefer to proceed under expert advise of a very able counsel.

Sanjay Gautam (Advocate)     06 August 2016

Is your wife working? if yes then no maintenance need to be paid for the wife but for the children you need to pay, but if not then the amount of maintenance/alimoney depend on the judge/megistrate as the case proceeds and nothing is fixed as per law but by the ongoing order it may be around Rs.3000 to 5000 per month for the wife and Rs.3000 to 5000 for the coming child and expenses of the litgation and pregnency/operations etc. so you can expect the total outgo around Rs.6000 to Rs.10000 per month and may be more or less , all depend how the case proceed.

A walk alone (-)     07 August 2016

Great I really salute person like you. She is pregnant and instead of thinking for your child a single minute you are thinking alimony divorce great! How unlucky would be the child who has father like you? Try to keep your ego down and think at least about your child. It's your responsibility. Anyway its your life. Alimony depends upon her qualifications, her responsibility, your living of standard and many other factors

innocenthusband   07 August 2016

Originally posted by : A walk alone
She is pregnant and instead of thinking for your child a single minute you are thinking alimony divorce great! 

What about the mother who files 498A on her huband and inlaws DURING her pregnancy? Is this what a mother should do?

Originally posted by : Born Fighter

In just 6 months of marriage you are deciding for divorce. What happens to the kid who is yet to come into this world ???

 

Shouldn't the mother be aware of how to handle the kid when she files 498A on husband and inlaws when she is PREGNANT?

 

Rishi Patel (Advocate)     09 August 2016

Hi,

I would suggest that you and your wife should attempt to save marriage. Even court would suggest you to save marriage if possible. If all attempts fails to save marriage then only go for divorce.

WR 

BattleBegins (s)     10 August 2016

Originally posted by : A walk alone
Great I really salute person like you. She is pregnant and instead of thinking for your child a single minute you are thinking alimony divorce great! How unlucky would be the child who has father like you? Try to keep your ego down and think at least about your child. It's your responsibility. Anyway its your life. Alimony depends upon her qualifications, her responsibility, your living of standard and many other factors

Yes you are right that how unlucky my child who is still not yet come to this world, I have tried several times to contact her and discuss things to resolve. But she only wants to listen her father and relatives, she didn't think for a child before filing a case.  Even the Police Sub-Inspector told me to resolve the case before its filed. And we tried all the possible solution. 

Even they don't come to police station when we present there to submit our answers and PSI called them for meeting. 

After all this, what should i do finally ?  I am still waiting and praying that all should be resolved. But the intention of her family member doesn't sound good to me.  So whatever happen to me I don't care but i want to secure my family and do whatever possible for them.

 

BattleBegins (s)     10 August 2016

Originally posted by : A walk alone
Great I really salute person like you. She is pregnant and instead of thinking for your child a single minute you are thinking alimony divorce great! How unlucky would be the child who has father like you? Try to keep your ego down and think at least about your child. It's your responsibility. Anyway its your life. Alimony depends upon her qualifications, her responsibility, your living of standard and many other factors

Yes you are right that how unlucky my child who is still not yet come to this world crying, I have tried several times to contact her and discuss things to resolve. But she only wants to listen her father and relatives, she didn't think for a child before filing a case.  Even the Police Sub-Inspector told me to resolve the case before its filed. And we tried all the possible solutions but they don't want to come infront of me and face my counter questions to clarify things as all the allegation they submitted are false. 

Even they don't come to police station when we present there to submit our answers and PSI called them for meeting. 

After all this, what should i do finally ?  I am still waiting and praying that all should be resolved. But the intention of her family member doesn't sound good to me.  So whatever happen to me I don't care but i want to secure my family and do whatever possible for them.

 

whatnot   10 August 2016

Set aside lumpsum money in your wife's name as FD.

My observation is that 498A has lost its tooth since Supreme court ruled No immidiate arrest. Atleast this fact is true in South India. There are various anecdotes available.

Be firm and keep a lawyer present in all meetings with police. Police station or CAW whoever invovled can only prepare report and submits to court. Don't offer bribe or any other activites. And hopefully you have not mistreated her in anyway then case won't stand on its merit. At this point move to court to quash and If report is against you then take Bail and so on.

You need to be separated for a while before divorce case can be submitted. And if you win 498A or case is quashed then you will have grounds for divoce on cruelty.

But by nature, if your wife in advance trimister, she will not be able to take this running around. Let baby be delivered (take care of hospital expenses even if it is cesearean). Usually pregency to motherhood women are preoccupied anywhere between 15-20 months.

Who knows what happens once baby is born.

The rest of your queries are too presumptive and too early for any suggestion


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