On what grounds is alimony decided by the court

659 votes

Hello answer for your query is ,weather police filed fir ? do you have that copy.coming to the permanent alimony the court will decide accordingly the dowry given by them if they have evidences, and it depends upon your living standard and the salary you are getting.one more aspect is permanent alimony will be decided if both parties come to an understanding by sittings between them also in some times.

Advocate Bala Murali LawRato

943 votes

Dear Sir,

If your wife files for divorce, she may along with the divorce petition or during the divorce proceedings, file a pendente lite petition u/s 24 HMA for maintenance till the disposal of the divorce petition. Normally court grants 1/3 of the salary of husband as maintenance to the wife and in your case it may be around 7,000 p.m.

Your wife may also claim permanent alimony from you. However, the quantum of alimony can not be ascertained as the granting of the same is at the discretion of the court as the court while deciding the alimony, will take into account various factors viz., life style of the wife and husband, time duration of the marriage, husband's earnings etc.

Advocate B. Srikiran LawRato

591 votes

Permanent alimony is fixed basing on your financial capability proved by your wife. When you want to live with her, you can stick on to the same and tell to the court that without any sufficient reason she left you and filed the false case. Now she will also go for DVC case as well as M.C.. In such a case, you will have to pay maintenance but you will be under obligation to pay maintenance in both the cases. So the maintenance will be decided on your capability and proving of the same by your wife before the court.

Advocate N Venkateswara Rao LawRato

986 votes

If she is going with her own to her parents home and not returned despite of several reminders. If she files divorce petition then you need not pay anything. In mean while you send legal notice to her to join and continue marital life . It will give you good proof in future. Also find out why she left within 10 days of marriage.

Advocate Sanjeevi Krishna Rao LawRato

752 votes

Is your wife earning? Or she is dependent on her parents? Are you giving her any maintenance. Under section 125 of Criminal Procedure Code if a wife lives separately from her husband without any reasonable cause she is not entitled to maintenance. But if she applies for divorce the Court can grant Alimony if she applies for it. If your are a Hindu she can seek maintenance during the pendency of divorce petition. Maintenance will be granted if she applies for it. Maintenance will be granted on the basis of your earnings and other resources. It has to commiserate with your standard of living.

Advocate C Hari Prasad LawRato