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What is the alimony applicable for wife if wife is well educated?
22-Jan-2023 (In Family Law)
What is the alimony applicable for wife if wife is well educated, working before marriage, living separately from 1 year (2 year of marriage), start working again and we have no child?
Our community meeting (Samaj ki Meeting) has been held behalf of my request and my wife proved guilty and she confessed and admitted everything. But my wife and her relative says that if I want a divorce then pay 15 LAKH RUPEES to wife as compensation then only she will agree for Mutual Consent Divorce. But this amount do not disclosed in court in front of magistrate.
Currently, my earning is approximate 240000 (Two Lakh Forty Thousand) P/A as per ITR. My father is a retired Central Govt Officer. So wife and her relative force me to pay such amount from my father's pension account.
We are In the process of getting a divorce by mutual consent divorce under Sec. 13B.
As you are in process of filing a Mutual Divorce no compensation or permanent Alominy is fixed under law . ...
You have to settle the same mutually. ..
Expenses incurred by your in laws during the time of your marriage + 30 % of your salary is an adicuate amount in such case
Or fight the divorce case if you win no maintainance is required to pay if court passes a Decree of divorce against your wife
You have to settle the same mutually. ..
Expenses incurred by your in laws during the time of your marriage + 30 % of your salary is an adicuate amount in such case
Or fight the divorce case if you win no maintainance is required to pay if court passes a Decree of divorce against your wife
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Adv. Varun Kaushik
Gwalior | 25+ Answers
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it would be possible that after giving 15 Lakhs she will demand for maintainence in court of law
what are the grounds for which she is demanding compensation Coz u Don't have any child and she is working already let her file maintainence and decide by court for compensation and give facts for your source of income as I suggest
what are the grounds for which she is demanding compensation Coz u Don't have any child and she is working already let her file maintainence and decide by court for compensation and give facts for your source of income as I suggest
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Adv. Ashutosh Sharma
Indore | 25+ Answers
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There is no straight jacket formulae for calculating alimony.
But there are certain points which can be considered while calculating alimony:-
1. Husband earnings
2. Family background
3. Education qualification of wife
4. Earning of wife or if unemployed her earning capacity
5. Whether the wife is not doing job willfully or hiding it
6. etc etc.
But there are certain points which can be considered while calculating alimony:-
1. Husband earnings
2. Family background
3. Education qualification of wife
4. Earning of wife or if unemployed her earning capacity
5. Whether the wife is not doing job willfully or hiding it
6. etc etc.
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Adv. Nitin Agarwal
Gwalior | 25+ Answers
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(1) Legally, she doesn't have any right to claim from pension account of your father. Don't even think about paying even a single penny from your father's pension account for getting rid of her.
(2) If she was working, and now after separation, started working again, then she is not entitled to maintenance.
(3) You don't need to pay her anything. If she files maintenance case against you, then even Court will not order such a huge amount to be paid to her. There is no such thing as 'compensation for mutual consent divorce'.
(4) You cannot force her to be agree on mutual consent divorce. So, you will have to file a regular divorce case.
(5) She did not disclose about her demand in the Court, because she do not have right to claim such amount.
(2) If she was working, and now after separation, started working again, then she is not entitled to maintenance.
(3) You don't need to pay her anything. If she files maintenance case against you, then even Court will not order such a huge amount to be paid to her. There is no such thing as 'compensation for mutual consent divorce'.
(4) You cannot force her to be agree on mutual consent divorce. So, you will have to file a regular divorce case.
(5) She did not disclose about her demand in the Court, because she do not have right to claim such amount.
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Adv. Sandeep Naik
Indore | 200+ Answers
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after reading the brief you have posted, i can say the case in you favour but, you have to take the legal recourse at earliest to save your stand and defend yourself. meet to any lawyer with your details and what do you want in this behalf
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Adv. Om Shanker Shrivastava
Bhopal | 100+ Answers
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