• Alimony - foreign national


Recently received a notice from indian lower court in which the decree holder is praying for an order to arrest the respondent as per rule 11 of CPC! This is because she is seeking 25 lakh as permanent alimony from me.

The decree holder (abla nari) is MBA qualified, employed full time as team lead in highly prestigious German automobile company (of-course in India), has a house under her name worth around 1.3 cr, earns rental income from the same property. 
Note: In her court lodged docs she has mentioned that she has no where to live and no income - that's misleading the court i.e. contempt of the court!!! (She also clams that she spent in excess of 20lakh for the marriage which is complete rubbish because she spent only 7.47 lakh to be precise and I had spent around 12 lakh). 

I have divorce granted from Australian court and I am a national of Australia. I hired a lawyer in India with extensive experience to fight her fraudulent allegations and all this time (since Dec 2015) he has been saying it's an easy case don't worry - basically he was of not much use and I have wasted, on him, in excess of 1 lakh in legal fees only! And no doubt, living in Aus, I earn more than her and have way more expanses than her and of-course much higher tax. 

Married for around 1 year, lived together for probably 3 months in total and no child involved. Also, I have no intention of visiting India ever! 

1. With above points in mind what do you learned lawyers suggest should I do or may be not do anything anymore? 
2. I have no intention of paying her a single rupee as she is well placed, also there are numerous judgement from high and supreme court indicating "no maintenance or alimony to qualified and working wife".

Thanks & Regards,
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

Dear Querist

If you have prove of her savings, assets and income then you should immediately file a criminal complaint against her before court for the offence of perjury under section 340 of Cr.P.C.

If there is maintenance case in which the court passed an order for maintenance and she filed execution and court passed any order in execution proceedings then immediately file an appeal before high court or if the order is ex party then file an application for set aside the order under Order 9 rule 13 of C.P.C.

Or if you have no property or bank balance in India and not willing to visit India as you are Australian citizen then no need to do any thing and sit tight.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You should file an appeal against decree passed by family court which granted your wife Rs 25 lakhs as alimony

2) you should draw attention of court to fact that wife has not come to court with clean hands , has suppressed material facts about her income and has her own accommodation

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

1. It appears that any order of alimony has already been passed and she has filed a execution proceeding wherein she is praying for your arrest which is permissible under law if the judgement debtor fails to clear the pending arrears.

2.So such order is laready passed you will have to challneg the same in higehr court under revisison s the amount may be modofied or altered on the ground you havementioned.

3.if you are unsuccessful then there is no way you can avoid making the payments.Else warrant of arrest or attachment of proeprty can be directed by the court.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Has she got h decree from the Court? you are not clear on the matter.

2. You shall now have to challenge the said decree before the higher Court.

3. Change your lawyer and file the appeal before the appellate authority challenging the said decree.

4. Rs.1 lakh is not a very high amount which you have spent on your senior lawyer towards legal expenses and to attend to your case since December, 2015. However, change the lawyer after finding out on what ground the said decree has been passed in favour of your wife.

5. She being a highly qualified person is not entitled to any maintenance from you.

6. You can file a perjury case against her for affirming false under affidavit before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

In the present situation you should file appeal before high court from lower court decree.

Evidence is the important part in case. The decree obtained by suppression of real facts about her income and job etc.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey J gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.

In your case the maintenance amount can get lower. It is due to shorter marriage and the stratus of children; coupled with other circumstances are infavour of you. More over if you have no property in India and no plan to visit India then the execution of decree is difficult.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. It seems that a decree has been passed in her favour and against you for maintenance. It is not clear if you contested the case filed by her in India. If it is an ex parte decree then you have to apply for setting it aside, failing which it can be executed by her in Australia through the Indian High Commission therein, whereas if the decree was passed in contested proceedings then you have the remedy of filing an appeal against it and applying for a stay on the operation of the decree.

2. In so far as maintenance to a well qualified wife is concerned you must note that the Supreme Court has recently ruled that maintenance cannot be denied to a wife on the mere ground that she is well qualified and/or earning herself.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. I think she has obtained a decree in her favor or you have lost your case or failed to challenge her case properly despite having substantial evidence in your side.

If you have found your lawyer not to be effective or proper or talented, you could have changed the lawyer instead of hanging around him and losing your time, money and energy.

Even now, if the cae had been decided against you, you may prefer an appeal against the judgment and put all those details about her before the appellate court and seek to dismiss her claim for alimony.

2. Sitting idle and sleeping over the issue thinking that the various judgments will help you tide over the situation is nothing but an act done without thinking of the consequences. You have to rise up and fight back on the lines and facts which you rely upon. There is nothing wrong to deny her the maintenance or repudiate her claim, but you have challenge her case properly and get her case dismissed.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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