How to get divorce and alimony

970 votes

Dear Sir,
Firstly try to understand that grant of maintenance has nothing to do with authenticity of complaints under S.498A of IPC and Domestic Violence Act. These are mutually exclusive cases with no parallel relation.

Maintenance is a protective order that is passed in order to conserve livelihood of a married woman who might become helpless in the absence of monetary support from husband.

It is also pertinent to mention that there is no hard and fast rule for deciding maintenance amount. Court considers several factors such as living standard of the wife, job of the lady, children residing with the wife etc prior to coming to a conclusion.

However as you have stated that your wife is already earning 12,000 a month, and can take care of herself, there is a likelihood that the court will consider the same for alternating the allowance that was granted earlier. (or to be granted)
All in all you have a good case for reducing maintenance amount considerably. I would suggest you to file for proceedings under S.127 of Criminal Procedure Code for alteration in allowance.
Feel free to contact for any further clarification.

Advocate Apoorv Pandey LawRato

885 votes

Permanent alimony is never a fixed amount.

Quantum of permanent alimony depends upon capacity of husband to pay and upon status of the wife in which she was living with her husband.

If wife is unable to maintain herself despite her earnings then the Court can award permanent alimony to wife.

Amount of permanent alimony can be fixed by mutual understanding and agreement between husband and wife. It is always advisable to fix the amount of permanent alimony out of the Court.

Advocate Sandeep Naik LawRato

945 votes

As per Hon'ble Supreme Court latest judgment a wife who deserted husband is not entitled to get maintenance but may can seek maintenance after obtaining divorce as it's a technical issue one need to deal it tactfully.
Consult first.

LawRato LawRato