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achilles (Technical Architect)     05 June 2013

Info required regarding divorce & alimony

Hi,


I got arranged married in march 2012 and due to incompatibility with my wife decided to separete within 3 months. my wife with her family's support left my place thinking i will come behind her but as i was certain i didn't do it and within 2 weeks she has been behind me to take her back but i have made up my mind as this relation wont work

Now it has been 11 months since our separation and i wanna have divorce. her lawyer has sent me a letter informing me that my wife wants to come back and is not seeking for divorce. in meantime my wife has left her job and is jobless staying with her widow mother who is working as tuition teacher with nominal income. As my take home salary is 60,000 per month her lawyer is asking for 30,000 per month and 3,30,000 for last 11 months my wife has stayed with her mother also her lawyer says they are ready to reconcile

My monthly expenses are 45,000. my parents are old and stay with me. dad is retired and suffers with heart condition and mom is house wife

i would like to know if i file for divorce what are my chances for divorce and how much alimony ideally i will have to pay per month


i would prefer not to pay anything as all the marriage expenses were done half / half by both families, we never took any money from my wife in 3 months she was here and as we separeted in 3 months alimony should not be mandatory....but this are my thoughts as i dont know indian divorce law

 

i would request you all to guide me in the proper direction



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 June 2013

It may be your thoughts....... but the law is different. You  cannot leave your wife at your sweet will as such just bcoz within 3 months of marriage you started feeling that you both are incompatible and have unilaterally made up your mind to seperate. It wud have been a different story if both of you have felt so. But legally speaking you DO NOT HAVE ANY VALID GROUND FOR DIVORCE, at least from the given facts. Your wife is willing to reconcile then, why not give ur marriage a chance by visiting a marriage councellor and try working upon the 'compatibility issue'?. Still if you are hell bent upon getting divorce then, you cannot get it unless your wife is also ready for MCD and of course you will have to pay her alimony.

1 Like

achilles (Technical Architect)     05 June 2013

Thanks Mam for the reply

But as i said i have thought abt it over & over again in the last 11 months and i dont feel both of us can really stay together as we both want different things

What i would like to know is roughly how much alimony i have to give considering my salary & expenses

Thanks again


(Guest)

Have they filed petition for Maintenance in court?If they have,then maintenance is calculated from that date.Since you are earning 60000,your file is entitled to around 20000 and if you can show expenses,home loans,other liabilities then this will reduce further.But all ths only from date of filing petition not from date of separation.So 330000 is just speculation by lawyer.

For divorce,as Archana madam says,,only way out is Mutual Divorce by paying compensation.Also expect false cases like 498A and DV on you and family

1 Like

achilles (Technical Architect)     05 June 2013

Thanks for the reply red till now they haven't filed any petition but they are not even ready to meet, her lawyer just keeps on giving excuses like she is sick or something else They know under any scenario I am not ready to recocile so I feel they are using this to their benifit so tht they can try and take as much money out of me MY wife is more educated than I am. I hv jst done diploma but shez gradute and done journalism diploma and ws working in media Their claim that shez not working or cant find a permanent job is jst lie I feel WIll the court take into considerations my expenses of 45k against my salary of 60k and acoordingly set the maintainence or is it straight forward 30% of ones salary Thanks again

achilles (Technical Architect)     06 June 2013

Thanks for the reply sir


i would like to know till when does one has to pay maintainence to wife

* for initial few years or life long or till the time she finds a decent job

and if she finds a decent job how to proceed further to stop making the maintainence


(Guest)
Originally posted by : achilles

Thanks for the reply sir


i would like to know till when does one has to pay maintainence to wife

* for initial few years or life long or till the time she finds a decent job

and if she finds a decent job how to proceed further to stop making the maintainence


Until disposal of divorce petition IA has to be paid, then after divorce, until she remarries you will have to pay maintenance..


If she is working, provide details of the same to the court and you may need not pay maintenance to working wife.

1 Like

Adv k . mahesh (advocate)     06 June 2013

great hearing that wife need reoncile and after staying 3 moths of marriage you came to this forum for divorce

as said above try a chance to your marriage again because at this juncture if you take any chances then you may not get mutual consent divorce as you said may be you hae to pay maintenance from the day she filed petition or if judge thinks that she is sick to do job and right now she is not doing job then you have to pay from the date she left the house 

as you told you have 45k expenses monthly if you have bills to show like lic premium monthly, insurance bills monthly, emi, house allowances etc then court may consider to make maintenance to minimum

as divorce will take more then one year till then you have to pay her maintenance and finally if she demands then you have to pay her alimoney which may be more as per court expectation because she does not want divorce but she is interested in alimoney in this pretext for divorce you have bargain her 


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