Can anyone have any idea of earlier settlement?

868 votes

Yes, a future salary increase can impact maintenance/alimony, but it does not automatically mean alimony will double. The court considers actual income, wife’s needs, standard of living, liabilities and other circumstances. So, even if the 8th Pay Commission increases your salary, the impact on maintenance will depend on the court’s assessment.

Advocate Riddhi Pratap Bothara LawRato

550 votes

its depend so many things, you must try to decide case as erailer as possible, you immediate file your written statement , record evidence, other way together with common reletives and friends settle the matter...

Advocate Rajesh Ramprasad Jaiswal LawRato

664 votes

Your salary whenever increased will have an impact infact whenever she wants she can file for more alimony there is a simple solution to it, kindly get in touch.. It is important you discuss this right away..

Advocate Parth S Barot LawRato

746 votes

as a government employee 8th pay of CPC, your salary will get double right so before that you can settle the case out with your wife and file consent terms before the judicial magistrate first class and then also mention the condition in that you will file for mutual consent divorce, so if if your wife has no idea about your double salary before that you can pay her in negotiation and settle the case out

Advocate Moksh Jain LawRato

935 votes

Yes, an increase in salary after implementation of the 8th Pay Commission can have an impact on the amount of maintenance/alimony, but it is not automatic that the maintenance will double merely because the salary doubles. The Court generally considers the actual income of both parties, reasonable needs, standard of living, liabilities, dependent family members and other relevant circumstances while determining maintenance. The Supreme Court has also recognised that a substantial change in income can constitute a change in circumstances and may justify enhancement or reduction of maintenance. Therefore, if the 8th Pay Commission substantially increases your salary while the maintenance proceedings are pending, the other side may bring the increased income to the Court's notice and seek enhancement. However, the Court will decide the quantum on the facts of the case; there is no fixed rule that maintenance must increase in the same proportion as salary. Filing a contested divorce now will not by itself stop or automatically terminate the pending DV/maintenance proceedings. The outcome and duration of the divorce case are separate issues. You should disclose your actual salary and income honestly in the required affidavit of assets/income, ebecause the Supreme Court has emphasised disclosure of financial information in matrimonial maintenance proceedings. For a precise opinion, I would need to see the existing DV case, any interim/final maintenance order, present salary, wife's income, children/dependants and the applicable provision under which maintenance has been claimed.

Advocate Tanveer Ansari LawRato