• Alimony

I had an ex parte court decision for an annulment of the marriage and monthly permanent alimony a decade back after a short marriage. 

My ex wife who is highly qualified (masters in medicine) had claimed unemployment and was granted permanent alimony. She had then provided my salary details. I have continued to pay alimony thereafter as my ex wife claims she has not married nor employed. 

Thereafter I have changed my locations and currently based abroad and not an Indian national. My ex wife has taken up jobs on a freelancing basis and I did provide some evidence to the court about her employment but it didn’t go in my favour and the court asked me to continue to pay alimony. 

Given cost strain on me, I stopped paying alimony a year back and I have received court notice to pay via national court here. Plus I can notice my ex wife is tracking me down including hacking my email ids. 

What options do I have in front of me: 
a)	In terms of paying or not paying. 
b)	Challenging amount of alimony in higher courts. 
c)	Under what conditions can the alimony stop ?
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

1) you are bound to comply with court orders

2) if you file any appeal against court order of payment of maintenance you have to first deposit the arrears of maintenance then only court would hear your appeal

3) you need evidence that wife is working and she can maintain herself

4) contact a detective agency and gather evidence of ex wife income

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. If you do not pay then arrest warrant may be issued or your property may be attached.

2. Yes challenging any order beofre higher court should always be tried.

3. Unless and until you prove her present employment it can not be stopped.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

a. If the notice has been received through local court (UK court) there then you would have to pay up - for alternate remedies you need to speak with a local counsel there. If it is not though a Local court, you need notto worry just ignore.

b. The alimony amount can be challenged however for any new application on any Appeal you would have to personally appear at least once. Which is not recommended.

c. If ex wife is in Relationship with someone i.e She has married or living in with another man or she has strating working / job you may challenge and stop the alimony.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. You can not stop paying alimony to your wife which you have been paying as per court order of your own without any court further order to this affect.

2. Challenge the lower court order before the higher court praying for setting aside the order passed by the lower court in this regard.

3. If she is proved to be highly qualified and capable of maintaining her ownself with her earnings maintaining your status of living, then she is not entitled to maintenance from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the Indian court has taken up this matter through the court of the country where you currently reside, you may not have an easy escape route to avoid paying her maintenance.

The hacking of your mail is a different subject or which you can initiate separate legal proceedings agaisnt her as per the provisions of law in this regard.

For challenging the amount of alimony in the higher court, you can gather substantial evidence of her employment and other sources of income.

The only way to sop paying alimony is that yo prove that she is earning a handsome amount and she is not dependent on you anymore.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer