Is your wife working or not ?
2) if wife is not willing to stay with you better file for divorce by mutual consent
3) alimony is at discretion of court and depends upon your income , wife income , standard of lifestyle etc
Alimony amount
Hi, I got married two years back. it was good for couple of months, since then the misunderstandings started between us. Out of two years, she stayed with me for only 3 months. My wife is currently staying with her parents. I tried to reconcile the issues but she never spoke to me till last December. Then somehow we started to speak, but the misunderstandings are continuing. All my efforts to resume the marriage is in vain. Now it seems like, if we stay together, we will hurt each other as we have lot of differences. I sent one legal notice to her to join my home as lawful wife. In return she made false allegations and sent one legal notice to me. In notice she also mentioned she is willing to join my home. But when I called her and invited to my home, she and her father refused to join. Now I have decided to go for Divorce, So my question is how much alimony I have to pay. I don't have any property in my name. I earn 6.5 lakhs in a year, I work in a private firm. Me and my wife have a girl baby of 1 year. Please suggest.
Asked 7 years ago in Family Law
Religion: Hindu
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4 Answers
1. The question of alimony comes into picture only if there is mutual consent divorce in which the spouses alone get to decide the amount of one time settlement, whereas if there is contested divorce then she can file for maintenance under 125 CrPC and also under the provisions of DV Act,
2. You can contest the maintenance claim in the ground that she left the matrimonial home without any sufficient cause. The court has to factor in your liabilities before fixing the quantum of maintenance. Ordinarily, it is 1/3rd of net salary.
1. Negotiate with her to convince her to agree for signing a MCD petition on mutually agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.
2. If she refuses to go for MCD, file a divorce petition on the ground of cruelty and desertion keeping in mind that contested divorce will take around 2 to 4 years to be disposed of.
3. Wife will be entitled to maintenance from you if she is not employed and Court will fix alimony/maintenance which will be any thing in between 1/5th to 1/3rd of your net monthly earnings.
Now I have decided to go for Divorce, So my question is how much alimony I have to pay.
I don't have any property in my name. I earn 6.5 lakhs in a year, I work in a private firm.
Me and my wife have a girl baby of 1 year.
The quantum of alimony to be granted shall depend on how she proves your income and how you defend your stand.
There are various factors to be considered before grant of permanent alimony i.e., her employment status, children etc including her economic background.
All these things can be taken care during trial proceedings, but before that remember that she has to file a petition seeking maintenance or alimony.
Most important is you concentrate in the divorce proceedings now.
