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What is the amount of alimony payed in a divorce case
22-May-2023 (In Divorce Law)
Dear Sir, I need your favor to know How much temporary alimony will court decide when I will file divorce petition. My Case Situation in Brief: She Deserted me 5 years back and I am already paying alimony of rs 10000-/- to her under 125 Maintenance. Our Mutual consent failed after so many tries as there demand is very high. Now If i file divorce case how much temporary alimony court will decide as I am already paying her rs 10000-/- Further, Currently I am jobless and pursuing training. Our marriage is dead as there is no marital relationship exist, No communication since past 5 years how i will approach court for divorce under Irretrievable breakdown of marriage. Thanks & Regards Vikas Mishra
Your ground is strong enough to proof desertion, as you both are living separately from last 5 years. Alimony depends on the source of income of Husband and for the livelihood of the wife. File Divorce petition and if she doesn't show interest then stop paying Maintenance.
Thank you!
Thank you!
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Adv. Amit Ranjan Mishra
Lucknow | 100+ Answers
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Hi Vikas. Well I need certain other things to Know. Like your wife's qualifications and if she is employed or previously employed. Do u have kids. Your qualifications and experience and salary or previous salary. Assets if any on your name or your chances of succession if any. Then only I can help u. Regards team Lawyer Mitra
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Adv. Sandeep Kumar
Greater Noida | 100+ Answers
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माननीय सर्वोच्च न्यायालय के आदेश के अनुपालन में हर न्यायालय में सुलह-समझौता परामर्श केंद्र खुल गया है आप अपने मित्र को परामर्श केंद्र में ले जाएं और जो बात आप कहना चाहते हैं परामर्श में कह कर आपस में सुलह समझौता कर लें तथा जो भी अमाउंट आपने दिया है जो परामर्श में तय होता है उसको रिपीट करते हुए समझौते के आधार पर आपसी सहमति से तलाक ले ले और कोई भी पैसा या कोई भी डिमांड आप को उनके संज्ञान के बिना ना पूरा करें
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Adv. Vishal Kumar Yadav
Lucknow | 100+ Answers
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1. Is your wife working ? what are her qualifications ?
2). Alimony to be awarded is at discretion of court . it depends on your income , years of marriage, life style of husband etc.
such there is no mathematical formula to calculate the amount of alimony which may be granted by court to wife.
3. Every case has its own merits and thus courts grant alimony as per merits of each case.
4. Normally courts grant 1/3 of salary of husband as maintenance if wife files petition for it in court.
The amount of alimony to be paid cannot be fixed by law as it varies from case to case; the most important aspect is to maintain a balance while deciding the same. In divorce cases, the courts must factor in the wife’s status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort considering her status and mode of life she was used to when she lived with her husband.
2). Alimony to be awarded is at discretion of court . it depends on your income , years of marriage, life style of husband etc.
such there is no mathematical formula to calculate the amount of alimony which may be granted by court to wife.
3. Every case has its own merits and thus courts grant alimony as per merits of each case.
4. Normally courts grant 1/3 of salary of husband as maintenance if wife files petition for it in court.
The amount of alimony to be paid cannot be fixed by law as it varies from case to case; the most important aspect is to maintain a balance while deciding the same. In divorce cases, the courts must factor in the wife’s status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort considering her status and mode of life she was used to when she lived with her husband.
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Adv. Akash Tiwari
Kanpur | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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