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Will court consider my property while allocating alimony to wife?
17-Aug-2023 (In Divorce Law)
I am Hindu, married for 1.5 years. The relationship between me and the wife is not going well. We do not have any children and she is not pregnant. Divorce is likely to occur. Both of us have job with about 35k per month salary. But I have significantly higher amount of self acquired property. The property is not generating any money currently. To make money out of it some investment is needed. Shall court consider my self acquired property while allocating alimony to wife? If yes shall court consider the absolute Sell Price of the self acquired property or Just the potential of income it can generate while calculating alimony? Is she likely to get any alimony?
immediately change the name of the property in your parents name rather in both parents name, because after them, you will get it by default and ask your parents to take charge and throw you out of the house until your this issue is resolved, brief planning needs to be done.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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See the court decides a case as per given evidences, its the job of the Advocate who has to put the facts in-front of the court supported by evidences as to what is the actual status of the property and income.
Further the amount of maintenance is given to a wife to sustain herself and not to one who is already capable of, as in your case her capability to earn will be relevant.
In Sh.Bharat Hegde Vs. Smt. Saroj Hegde, the Court laid down the following factors while determining the amount of maintenance: -
1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litiation.
11. The amount awarded u/s 125 Cr.Pc is adjustable against the amount awarded u/s 24of the DV Act.
Further the amount of maintenance is given to a wife to sustain herself and not to one who is already capable of, as in your case her capability to earn will be relevant.
In Sh.Bharat Hegde Vs. Smt. Saroj Hegde, the Court laid down the following factors while determining the amount of maintenance: -
1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litiation.
11. The amount awarded u/s 125 Cr.Pc is adjustable against the amount awarded u/s 24of the DV Act.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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You have not mentioned whether your wife is contesting the case or you have filed divorce on mutual consent. If the case is a contested one and your wife has mentioned the details of your aforesaid property then the Court may consider the value of the property with other properties while allocating the alimony.
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13+
Adv. Bandhupriya Dey
Murshidabad | 25+ Answers
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