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If I file divorce it is compulsory to give alimony
18-Sep-2023 (In Divorce Law)
I have arranged marraige for 10years . Both are christian community. She is belongs by rich family. I am middle class family . My wife will not stay with my mother and me. My mother is ill person for that reason my wife and her famiy wants wife and me stay in rented house. So that last 9years we r seperated living. We have no kid or any sextual relation last 9years. My question is if i file divorce then i have to give any alimony to her?
The Indian Divorce Act, 1869 governs the maintenance rights of the Christian wives. In fixing the maintenance, the court will determine on the following grounds : -
1. Ability of husband to pay,
2. Wife's own assets and
3. Conduct of the parties.
The order will remain in force as long as wife remains chaste and unmarried. The maximum amount that can be decreed by court as alimony during the time a matrimonial suit is pending is one-fifth of the husband's net income.
If divorce is filed by you, it will be mandatory unless specifically the wife waive her rights, but again in that case it will depend upon case to case basis.
1. Ability of husband to pay,
2. Wife's own assets and
3. Conduct of the parties.
The order will remain in force as long as wife remains chaste and unmarried. The maximum amount that can be decreed by court as alimony during the time a matrimonial suit is pending is one-fifth of the husband's net income.
If divorce is filed by you, it will be mandatory unless specifically the wife waive her rights, but again in that case it will depend upon case to case basis.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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You should truly go for the divorce since you have been living separately for 9 years. However, filing divorce does not necessarily mean that you shall have to pay alimony. Alimony or maintenance is dependent upon few factors as in, whether she is capable to maintain herself, whether she has sufficient means of livelihood etc. If she is an able bodied and can maintain herself and that you can easily impress upon the Court, there should not be any order for alimony or maintenance. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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yes, you can file divorce suit against your wife and there are sufficient grounds to get decree of divorce. Your wife has an option to file maintenance case even you do not file any divorce case. whether she will get maintenance or not that is to be decided by the appropriate court.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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