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What is the Alimony amount which the court decides
09-Oct-2023 (In Family Law)
I'm a govt. employee, earning 55000-rs take away home and a car worth 10lac. no fixed/other assets. i got married in june2017 to my gf, now the marriage as on oct5,2017 has gone horribly wrong. no chance of reconcilation. she insists on making my life miserable. and keep on insisting to pay 50lakhs to part. can anyone suggest how much reasonable amt should i pay or what amt will judge decide to pay her lumpsum after yeras of litigation as one time settlement,alimony..
Sir,
Firstly your wife cannot claim the maintenance as the matter of right. Law does not entitles a wife to claim maintenance from the husband withoit any sufficient cause.
For better understanding, i muat tell you that your wife can claom maintenance from you under either of the two Acts i. E. Criminal code procedure vide section 125 or hindu adoption and maintenance act, 1956. Vide section 18
On careful reading of both the sections of their respective Acts, it can be interpreted that a wife can claim maintenance from his husband in certain conditions only. If those conditions are not fulfilled, then she cannot claim any maintenance.
So the other option that the lawyer of your wife will suggest her will be to file a domestic violence complaint along with a maintenance petition under section 125 of criminal code procedure so as to make you liable to pay maintenance and later on forcing you to reach a compromise worth several lakhs.
SOLUTION- the solution to this problem is multifold-
1. Firstly your parents shall debar you from all their properties so that you wife cannot claim from the properties of your parents.
2. Secondly to counter the issue of domestic violence complaint that your wife can file against you, your mother, father and other relatives, you should file a petition of restitution of conjugal rights whereby you can request the court to ask your wife to restore the narriage ties. It will be a good move as your wife if accept to restore the same same will be inable to fipe the domestic violence case for time being and if she denies to accept to restore the same court will take note of our intentions which is to restore the marriage ties
3. Thirdly we also have the option to file a domestic violence complaint against your wife ob the bame oglf your mother so as to prove that her domestic violence complaint, if she files any later on, is a counterblast to your complaint.
There cab be some possible approaches that we can follow. For that i may need to refer all concerned documents. If you need my help then you can contact me through the platform of lawrato. Com
Regards
Advocate Mayank Goel
Firstly your wife cannot claim the maintenance as the matter of right. Law does not entitles a wife to claim maintenance from the husband withoit any sufficient cause.
For better understanding, i muat tell you that your wife can claom maintenance from you under either of the two Acts i. E. Criminal code procedure vide section 125 or hindu adoption and maintenance act, 1956. Vide section 18
On careful reading of both the sections of their respective Acts, it can be interpreted that a wife can claim maintenance from his husband in certain conditions only. If those conditions are not fulfilled, then she cannot claim any maintenance.
So the other option that the lawyer of your wife will suggest her will be to file a domestic violence complaint along with a maintenance petition under section 125 of criminal code procedure so as to make you liable to pay maintenance and later on forcing you to reach a compromise worth several lakhs.
SOLUTION- the solution to this problem is multifold-
1. Firstly your parents shall debar you from all their properties so that you wife cannot claim from the properties of your parents.
2. Secondly to counter the issue of domestic violence complaint that your wife can file against you, your mother, father and other relatives, you should file a petition of restitution of conjugal rights whereby you can request the court to ask your wife to restore the narriage ties. It will be a good move as your wife if accept to restore the same same will be inable to fipe the domestic violence case for time being and if she denies to accept to restore the same court will take note of our intentions which is to restore the marriage ties
3. Thirdly we also have the option to file a domestic violence complaint against your wife ob the bame oglf your mother so as to prove that her domestic violence complaint, if she files any later on, is a counterblast to your complaint.
There cab be some possible approaches that we can follow. For that i may need to refer all concerned documents. If you need my help then you can contact me through the platform of lawrato. Com
Regards
Advocate Mayank Goel
Helpful?
18+
18+
Adv. Mayank Goel
Delhi | 25+ Answers
CONTACT NOW
Dear Client : The circumstances you mentioned does not call for Rs 50 lakh as Alimony. No ways. You should contest and confront her. I suggest that you also send her a legal notice. To know on fair alimony you feel free to contact me. Thanks
Helpful?
11+
11+
Adv. Dinesh Jotwani
Delhi | 25+ Answers
CONTACT NOW
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