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Manoj (Sales Executive)     16 July 2012

What should the alimony be if marriage lasted for 3 months

Hi Respected Members,

I am facing a very critical phase of my life which I am sure everyone does who files for the divorce does. I have few questions related to my case and would need your support in this regards.

1. My Wife has filed for divorce but she is not actively participating in getting a speedy judgement, what could be my options to ensure I get a speedy judgement. Here is the snapshot.

June 2010: The case was filed to get my wife back under marriage act 9. After undergoing councelling where she said she is not ready to come back. A case was filed for Alimonty in the month of Novemver 10. As she was not ready to come back judge asked me to pay 2000 to her and A case for Divorce was filed in month of Feb 11

May 11- She filed for 498.

I want to know what are my options as so far the case has not moved. I am under tremedous pressure and cannot concentrate on my work. Need to know how much time they would take to give judgement.
Also Second question about Alimony our marriage lasted for 5 months and she has done multimedia course (Graduate). My Income is 22000 pm so approx what could be the alimony fixed at. I have my father mother as dependents. Thanks

Regards,

Manoj

 

 



 7 Replies

Tajobsindia (Senior Partner )     17 July 2012

1. Anywhere between 3 to 6 years is national average for both cases.
2. Why don’t you sit with her and ask what she wants; anyhow she says she does not want to live with you so that is clear. So in that worst case scenario both of you opt for Mutual Consent Divorce which is easier if you don't have patience in contesting cases. The only hitch here would be on one time settlement amount. You both jointly decide what is reasonable and sell part of your liver and done with it is a scenario if raising finances turns out to be next bad luck.
3. There are limited ways via which Divorce case filed by wife could be put on fast track but then you need to spend money on additional applications filings and chasing the matter yourself if you say she is not that serious to service her own case matter.
4. And why you so relaxed on S. 498a IPC any special reason that you not asking questions on IPC section !


 

1 Like

(Guest)

There being a meeting of minds between you and your wife on the futility ensuing from continuing the institution of marriage, you can talk to her and thereafter her divorce petition can be converted into a mutual divorce petition wherein the laid down statutory process will be followed. Both of you would then have the option of negotiating and fixing a one time alimony, and also other terms.

As regards a contested alimony, your dependancy and her qualifications will be taken into account while arriving at the amount.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 July 2012

1. A contestede divorce would do nothing but to aggravate your misery, you would be wasting previous years of your life, litigating in courts. Contemplate filing a Mutual Consen.

2. As regards Alimony, it is for you to decide, Mutual Consent gives you the flexibility to come to your agreed amount - one time or monthly.

3. If the court awardsw maintenance on her filing a case - the quantum would depend on whether she is workign ? your dependancies ? your earnings ? The Court would attempt to put her in a position she was used when she was your wife, neither a state of penury nor luxury.

4. As regards other cases that she might file and how to counter them : Read the following article wrote by me

 

How to fight & defend false cases filed by your wives ?

 

“For men in India marriage is a lottery but you can’t tear up your ticket even if you lose…” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

 

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

 

498A penalizes cruelty for dowry, almost always comes alongwith S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

 

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

 

Being a Supreme Court Advocate and a Mens Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

 

1. Insist on a dowry-less marriage - Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

 

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

 

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

 

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not inititated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

 

a) Give you greater confidence, level playing field in the CAW Cell talks;

 

b) Prevent any hasty arrest on failure of conciliation;

 

All in all nothing to lose in this and in this step 1. Would help a great deal.

 

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal therefrom which may take some time. There are CIC Decisions that would help you here.

 

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

 

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

 

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

 

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

 

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

 

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

 

11. With a marital property law on the anvil, don't buy property in your name, much less jointly with spouse.

 

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

 

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.

1 Like

JANAK RAJ VATSA (ADVOCATE)     17 July 2012

dear friend, as advised by the above ld advocates, mcd is the preferable mode to free yourself from the clutches of  harassment and agony for years to come.

Rahul Arjaria (Law Student)     17 July 2012

Sir,

As stated by Hon Member Mr. Ashish,

"As regards a contested alimony, your dependancy and her qualifications will be taken into account while arriving at the amount."

What could be the face when the husband is a student (left job some one year ago) and the wife is BCA, MA Prev., Diploma in English Typing & Shorthand, and have qualified the exam of Adhoc Teaher Grade 3 in Madhya Pradesh (i.e. she is well qualified and eligible to apply for vaccancies of teacher in Madhya Pradesh)?

Pls answer as this would help me a lot..!!

J K Agrawal (Advocates)     17 July 2012

Marriage is always meeting of minds and soul and not the bodies only. 

When two persons marries some relations developes. not only between the two but among whole the family and friends of both families. It is not a part time job. It is life time job.

When you got married I think there was a huge gathering of persons. all beloved and well wishors of you both.

Instead of going to a lawyer you should go to those again. They will solve all the problems.

My experience says that there is no solution in law or with judges.

Think proper.

www.bar2bench.com

 

 

Subu (Self Motivated)     26 January 2013

Originally posted by : Adv. Bharat Chugh


1. A contestede divorce would do nothing but to aggravate your misery, you would be wasting previous years of your life, litigating in courts. Contemplate filing a Mutual Consen.

........................

b) Prevent any hasty arrest on failure of conciliation;
........................... 

..........................

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.

Terrific reply  Advocate Bharat Chugh

 

regards

Subu

 

 


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