• Divorce

Sir, I am 29 year old working in state bank of India resident of Agra UP. I have been married before two years. I have been fed up by my wife's cruelty and daily quarrel. I want to file divorce. I want some clarity regarding amount of alimony.
1 how much amount of alimony monthly or lumpsum I have to pay.
2 My gross income is RS 44000-/ and net pay is RS 37000/- No loans.
3. No property on my name.
4. Father is pensioners and getting 20000/- PM 
He also have village agri land on his name and my mother is having two property on her name worth 32 lakhs. 
5 I am their only son
6. I have a baby boy age 7 months.
7. My father purchased a property on my wife's name last year. Will that create a problem.worth RS 14 lakh.
8. My wife is 24 year old and graduate.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) you have not mentioned whether your wife is working or not

2) if your wife is working and there is not much difference in your income she would not be entitled to maintenance

3) if your wife is not working then court may award her Rs 12000 as monthly maintenance

4) it was mistake purchasing property in wife name

5) she would claim said property in the event of divorce

6) your wife has no share in properties standing in name of your parents

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Section 24 of the Hindu Marriage Act reads as follows:-

24. Maintenance Pendente lite and expenses proceedings-. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable:

2) it is at discretion of the court

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

A Hindu male is legally obligated to maintain his spouse and childrens. 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.

20% to 30% is the amount for maintenance ie; 7400 to 11000.

The property is in your wife's name then she become the absolute owner of that property.A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. You shall have to pay anything in between 1/5th to 1/3rd of your net monthly earning which will be decided by the Court depending on the situation. Net monthly earning excludes EMIs to be paid per month for which it will be prudent on your part to buy a property in your name and get lump sum amount deducted from your gross earning towards EMIs for reducing your net monthly earning.

2. You shall have to pay maintenance from your monthly net earnings only and our having or not having property does not matter here.

3. Your father's properties also does not mattter here.

4. Your wife, being his natural guardian, will have the custody of your son.

5. he property which has been purchased by your father in her name will be owned by your wife. So, it will be prudent on your pat to get the said property transferred in favour of your father or mother showing her some income tax reason before you file the said divorce suit.

6. Your wife is unemployed for which she will be entitled to claim maintenance from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You shall have to pay her maintenance and also litigation expenses as decided by the Court.

2. Though there is no specific rule or guideline to ascertain the legal cost which is decided by the Court, ordinarily Rs.25 K to Rs.50 K is imposed by the Court towards litigation cost to be paid by the husband to his wife for contesting the divorce suit filed by him.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Q. My father purchased a property on my wife's name last year. Will that create a problem.worth RS 14 lakh.

A. this will not create problem because it is your father's property. you can easily prove that your wife had no sufficient means to purchase this property and whole consideration was paid by your father then this property shall be treated as your father's property. he has right to transfer this property to any other family member. a property purchased in the name of a family member then this property shall not be treated as benami property. it shall be treated as self acquired property of the person who purchased it.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

amount of alimony shall be fixed by the court in proportionate of living standard of you wife in her matrimonial home, your income and social status of her parents. But alimony shall be granted only when wife committed no guilt. if divorce is granted on the fault or guilt of wife then she cannot claim maintenance.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1.The monthly maintenance varies between 1/3 to 1/5th of your income. Lump Sum Is to be paid only when there is out of court settlement and you go for mutual divorce.

2. In this situation the maintenance would vary between 10-14k.

3.Her father's income is of no consequence.

4. She ahs no right in the sahre of proeprty.

5.You can get order of visitation of the child.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. In a divorce case, until she make an application for alimony, you need not pay her anything.

If she files a separate petition seeking alimony, then she is required to prove your income with documentary evidences. You can defend yourself based on the documents in your possession and also on other merits from your side, eg. your commitments out of your salary income.

2. There is no yardstick to measure the quantum of maintenance, it depends on arguments put forth by both sides.

6. You may have to give maintenance amount to your child too.

7. The property registered on your wife's name shall belong to her, because it becomes the property of married woman, hence she will be the absolute owner to that property during her lifetime.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

My wife is not working. And what about the litigation expenses. How much I have to pay for such expenses?

The unemployed wife may seek maintenance and also the litigation expense.

Let she make a claim , you can repudiate the same on the basis of your arguments and commitments.

The court will decide.

First let she come with the claim then you can decide to tackle the issue as per prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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