If wife is highly quailed and working she would not get any alimony unless there is substantial difference in your income
2) wife may demand Rs 2 cr doubtful court would award her so much amount
3) seek joint custody of your daughter
Hi, currently i am working in East africa and my wife said that, she wants divorce from me and the same i need. I bought a 45 lacs in Delhi with her name after marriage on 2021. she is telling that, she tell in court that she needs 2cr in alimony. right now she is pregnant with 08 months and we have a daughter of 5 years. she is well educated. she has post graduation degree from IGNOU university. she was doing job before marriage. how much alimony she will get after divorce and can i get my baby girl custody who is 5 years old?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
If wife is highly quailed and working she would not get any alimony unless there is substantial difference in your income
2) wife may demand Rs 2 cr doubtful court would award her so much amount
3) seek joint custody of your daughter
I bought a house with her name after marriage. house cost is 45 lacs in Delhi. i am working in East africa i am earning a good 120k salary p/m. But she is asking for huge alimony. can i get half cost of house as well after divorce? as I spent my 6-7 years salary to buy that house.
The best way for divorce, is to go through the mutual route. This way you've have the liberty to discuss and negotiate with her on crucial aspects such as settlement alimony and child custody. You are advised to open a dialogue with her for mutual divorce. if you are personally finding this to be difficult, take recourse to a mediator/lawyer.
1) you can file declaratory suit that you are absolute owner of flat as full consideration was paid by you
2) wife will not get huge alimony demanded by her
- Since, you both are agree for divorce , then you can file a joint petition for divorce on mutual ground in India for getting divorce within a short period of time.
- Further, as per law if wife is highly qualified then she cannot claim maintenance from husband after sitting idle.
- Further, if the said house was purchased by your fund in her name , then you can become the single owner of the said property after filing a declaration suit before the court after producing the proof of payment.
- Further, you can file a petition before the court for getting custody of the baby if she has crossed 5 years of age .
Even though she is highly qualified but if she is not employed and has ascertained that she has no sources of income to meet her expenses, she would be eligible for monthly maintenance.
Her demand for one time settlement is not a legal provision, it is a matter of compromise settlement in the divorce proceedings if at all a situation arise.
For child custody you have to file a petition under the provisions of guardians and wards act, getting custody will depend on how strongly you present your arguments and convince the court.
If you have decided to give her divorce, then you can better choose mutual consent divorce and it is again your decision whether to accept her terms or reject it in respect of the one time settlement amount, and other aspects.
Since you have bought the house property on her name by a registered sale deed in her name, the property legally belongs to her.
however if you have documentary evidences to prove that you have fully funded for the purchase of this property, you can file a suit for declaration to declare the title of the property to your name.
Insofar as the huge alimony amount demanded by her, you can always reject her claim, however the court may pass an order for monthly maintenance if she files a maintenance case either under section 125 cr.p.c. for her as well as to the children or under section 24, 25 of HMA.
Dear client,
Sorry to hear about your situation. As you mentioned that she is pregnant you will have to give me maintenance as she will not be able to work in last month of pregnancy. Further, as your daughter is 5 years of age court usually give custody of young ones to mother unless she is not fit. Till she does not works and gets on her feet you will have to give maintenance or alimony. The alimony cost depends on court.
Hope this helps you.
Dear client,
Sorry to inform you but you will not get half amount of the house as it her on your wife's name.
Hope this helps you.
You need to file the custody petition for the same. You can claim your house by filing suit against her as you have bought the same from your money
hello,
the amount of alimony that you will have to eventually pay is subject to negotiations which will take place between the parties during the settlement of disputes. saying from my previous experiene yes, the amount asked for by you wife can be decreased significantly, as i have been able to do the same in cases i have handled before.
feel free to contact for any further assistance required, i will be more than glad to assist you in your peril.