Alimony | Divorce-Matrimonial Case

957 votes

The laws of India are almost always in favour of the weak: the workers, the taxpayers and the females. No surprise that though your spouse and her father has good earning potential, you'll still be subjected to maintain her and thus become legally liable to pay for maintenance. Regarding Alimony of permanent nature, you need to bring all facts in writing, with proofs and then ask for relief from the court so that the minimum amount remains po payable. Here, the laws are favouring the females, yet there are some good Supreme Court judgements that may go in husband's favour, as the case maybe, due to facts if each case. Answer to second question is three fold, fact based approach. If it's Hindu Undivided Family, the father/karta may fund the house though in son's name and upon divorce, the karta holding the house is not liable to split the same. If it's non HUF scenario, father's funding and source of income must be proven to the satisfaction of the court and there are 50-50% chance of splitting the property with the separating spouse. Thirdly, in the absence of your father, she may claim her part of succession, since the property has your funding as well as the father. Therefore, it is highly advisable to get your paperwork proper, regarding any self acquired joint property to safeguard your future interests. The entire scenery gets twisted if you have child out of such marriage and you haven't asked in the question. Feel free to connect for appointment meeting.

Advocate Soham Desai LawRato