Permanent alimony

vishnu (EE) 05 October 2013

Dear Mr un_animous

I’m afraid, as your wife is not earning and she herself has filed for divorce you are duty bound to pay her permanent alimony.

The amount that is shown appears to be correct. As per established principle husbands are to beg, borrow or steal to maintain their non-earning and dependent wives.

Vishnu

Adv. Chandrasekhar (Advocate) 05 October 2013

you are misguided by the mediator. the question of permanent alimony comes under the following grounds:

1. There must be a decree passed by the court. mostly divorce decree.

2. After that she has to file application for permanent alimony.

3. It may be gross sum or monthly payments according to court's discretion.

4. to fix this amount, your own income, property will be taken into consideration and AT THE SAME TIME HER INCOME AND OTHER PROPERTIES AND ALSO THE CONDUCT OF THE PARTIES, (if she is adulterous or cruel or husbandis adulterous and/or cruel) will be taken into consideration.

It is very premature to quantify the permanent alimony at this stage. If you are in a position to afford and hate to attend courts and other things, then the issue is altogether a different thing.)

Dev (xxx) 05 October 2013

Mediator is not judge. She wants divorce and wants money too inspite of she being educated . straight away deny it. Let the trials begin.

T. Kalaiselvan, Advocate (Advocate) 05 October 2013

While I fully agree with Adv Mr. Chandrasekar, I would like to inform you that the mediator has got no business to fix the quantum of alimony or one time quit amount. The mediator's duty is to mediate and find solutions amicably by reconciliation and not to dictate terms on the poor victims. You have got a right to refuse the mediator's dictate and request for reverting the case back to the regular court for the procedures to be followed as per law.

1 Like

(Guest)

Sirs,

Facts:

My wife has filed a divorce.

Im going through mediation and the mediator says that I have to pay a permanent alimony (one time settlement) to my wife. He says that the amount is close to 1Cr because he is considering my salary which is multiplied by 30 years and hence he has reached a figure of 1 Cr.

Opinion: Ask your mediator's to give their a.s.s on daily basis on the account of public interest to condole your wife.

or else organise a big charity and promote legal prostitution to raise such one crore and even more......once collected that amount feel free to give that 1 crore.

Dude,,, mediator is nobody to decide the case and adjudicate such decision of one crore by finalizing your income by multiplying by 30 times....Iam shocked are you realy telling truth or just making any sense here?

This one crore formulae by your mediator had made me to laugh.....

My wife was earning more than me and has now resigned to claim a one time settlement.

Opinion: Do she think that she is the alone cleverest of all on this earth.......

Do one thing you also do the same thing and make her to claim the equal justice on unemployment..hehehe

Jokes,apart...Man the same formulae you have to apply i have already suggested in many queries about how to counter.

Just do research work on you wife's education,qualification an last earned salary with total income and fight the case with good lawyer who could argue like a tiger and make convince to the court that this lady is a parasite who has ability to earn more than me but due to this biased and fake law she had quited her job and claiming maintenance from me....produce the related judgement's,produce the latest job detail's of other ladies who are doing job on same qualification and earning with pride.

QUESTIONS:

What is PERMANENT ALIMONY?

Opinion: This comes U/s 25 HMA1955 , once divorce been granted, this is claimed by those who has insufficient mean's of income to survive ahead after divorce.

What is the procedure to calculate it?

Opinion: Dude,,, there is no fixed formulae or fixed thumb rule to decide maintenance, whereas one should rely on the following fact's to decide maintenance:

1. Income & liabilities related to either of spouse.

2. Social status of couple prior and after marriage.

3. Any child by or in wedlock.

4. Duration of marriage.

5. Chances of getting remarried of spouse who is seeking alimony.

Is permanent alimony applicable to a husband when the wife is earning?

Opinion: As stated above..

What are the grounds on which permanent alimony is granted?

Opinion: As stated above

How can I counter this claim of 1Cr because this is way way way beyond my capacity. Actually its impossible for me to even think of it.

Opinion: To counter her one crore alimony .........you have to show yourself person as Re. 1/-

Dude,,,,,,,,,simply deny all her allegation's and do your homework as stated above to counter and dispose her maintenance application as well as alimony.

The more you will produce of insufficiency the more you will save your hard earned money.

But make sure don't go beyond lie.....make genuine affidavit when you are showing your income detail's.

So,better counter her claim by highlighting her that she can easily earn and maintain herself.

Thanks

1 Like

un_animous (.) 05 October 2013

Sufferer, Adv. Chandrasekhar , Kalaiselvan, Advocate Vellore, Dev,, Vishnu,

Thanks for giving confidence for fighting this out. I think im getting to understand this.

Sufferer - Yes its the truth. Im also a sufferer and a victim like you. I dont know why and how the mediator has reached this amount.

Is there a formula that the judges use for calculating permanent alimony

Vishnu - what established principle are you talking about? Can you throw some more light? Also please note that she was working until last week and has now left the job to seek alimony from me.

Adv. Chandrasekhar - Are these series of events mentioned by you (below) substantiated in some section/act? Because In my next mediation meeting I need to counter the mediator with documentary evidence that he is misguiding me.

1. There must be a decree passed by the court. mostly divorce decree.

2. After that she has to file application for permanent alimony.

3. It may be gross sum or monthly payments according to court's discretion.

4. to fix this amount, your own income, property will be taken into consideration and AT THE SAME TIME HER INCOME AND OTHER PROPERTIES AND ALSO THE CONDUCT OF THE PARTIES, (if she is adulterous or cruel or husbandis adulterous and/or cruel) will be taken into consideration.

It is very premature to quantify the permanent alimony at this stage. If you are in a position to afford and hate to attend courts and other things, then the issue is altogether a different thing.)