• How to decrease alimony payment to my wife

I married to my wife on 3 December 2014 as per Hindu marriage act. We live happy life for 1 year. In my family, we are 3 members husband, wife and my mother. My wife's nature is angry and she gets angry in very small matter. I and my mother are ready to accept her and trying to make her feeling happy. But she forced me to live separate from my mother and I went to rented house with her to give her space to understand me. My mother was living separate from us. My mother is 67 years old and suddenly her health was very difficult to make good. So came back to my mother 's home after 3 months. But my wife disappointed and angry on me and she went to her family. She is not ready to live with my mother. She got all jewellery and her all things to her father. We tried to contact her and her family and tried to resolve problems but they are very angry and not want to continue our relationship. They demanded 20000 per month as alimony. My current salary is 48000 per month. My wife is HR executive in one of company. Her salary is 14000 per month. I am ready to give her alimony. I want to know how much relief I can get in alimony. My mother is department on me and her medical expenses are 23000 per month.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) offer to pay her Rs 5 lakhs as alimony

2) since you hav e been married only for 2 years and wife is working she would not get substantial amount as alimony

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1.The employed wife is not entitled to maintenance provided you prove her income. So if you fail to prove her income then you would be directed to give her maintenance.

2. The rate of maintenance varies between 1/3- 1/5th if income of husband.

3.You can always show your expenses to decrease the amount of maintenance.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1)your wife is highly qualified and has worked in the past

2) you can rely upon her profile on websites like Linked in to prove that wife has been working

3) you can draw attention of court to fact that wife deliberately left her job to claim alimony from you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. yes if she resigns then her past employment is ground to avoid alimony.

2. Mere education and past employment is not enough to avoid maintenance. Her present income is to be proved.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Without she applying for alimony you may not py her anything.

First of all let she initite legal proceedings against you claiming maintenance.

You can repudiate the same based on her employment and salary income

After that you can state all justified grounds for rejecting her maintenance claim.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

If she resign from job and leave job only to get alimony. Can I show her ability to earn money and her qualifications. Because she has been working before we got married. She had completed Master of Human Resource management. I have copy of her education qualifications.

There is a supreme court judgment itself rejecting the maintenance claim appeal stating that the wife cannot sit idle resigning the job just for the sake of claiming maintenance, you can fight it out on that grounds.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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