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If I file contested divorce first how much alimony am I liable to pay


26-Jun-2023 (In Divorce Law)
Summary of my marital issue: 1. Got married in Nov 2011 & stayed with wife at my brothers house in Kolkata for about 4 yrs. After Which we shifted to Mumbai on Oct 2015 at my brother's house there, where me and my wife stayed together only for about 3 months. 2. On Dec 2015 My Wife went back to Kolkata & never came back after a quarrel over phone & demanding complete separation from my family & change city. 3. I sent my widow mom abroad at my brother's place few months after marriage & she comes to India to me only for about 4-5 months a year for her regular cancer & health checkup. 4. Currently wife working in Hyderabad & me in Bangalore. She is B.Tech & I'm B.Sc grad. 5. No child. 6. Post 2.5 yrs staying separate at different cities . Wife demanding heavy alimony to give me divorce. Questions: 1. If I file contested divorce first, how much alimony am I liable to pay for? ( I earn 1 lac per month she earns 30k per month). 2. how long case can run ?
Answers (2)


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Answer #1
609 votes
wonderful, your wife has asked you to separate your aged ailing parents and she wants to live separate, do you have it written on email or whatsapp that she has stated this, then you can annexe the same, because it is a valid ground for divorce because a wife cannot separate son from aged parents. Alimony is much later. she is at fault, alimony if at all be given will be less, and also start spending huge upon your mothers medical expenses.
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Advocate Aveek Bose

Adv. Aveek Bose

LawRato Kolkata | 1000+ Answers
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Answer #2
786 votes
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition. Otherwise file contested divorce petition. And maintenance will be fixed by the court depends on the income of husband, income of wife and age of wife etc,. But without detail discussion proper consult is not possible.
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Advocate Dhrubaraj Bhowmik

Adv. Dhrubaraj Bhowmik

LawRatoKolkata | 200+ Answers
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