• Compensation

I am a dental surgeon employed in Dental college with a monthly salary of RS. 65000.I am living with my parents and they bear all the house expenses. My wife is also a Dental doctor and in job.I have filed a divorce case against my wife due to extreme Mental cruelty on me and my mother (always shouting, insulting )she has taken jewellery worth Rs.40 lakhs and staying with her parents in her local parental house since February 2017.


 She doesn't want to give divorce.I would rather commit suicide than to live with her. Please advise what amount of compensation I may be liable to pay her in case of divorce. Thanks.
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

1. If you are not willing to live with her anymore then it is better to end the marriage by mutual settlement through a petition of mutual divore.

2. Since she professionally settled she is not entitled to any maintenance if she files any case of maintenance.

3.Howeevr in the case of mutual settlement she may demand money which you may agree for mutual divorce. In mutual settlement there is no law to fix the amount of settlement. it is the mutual agreement of the aprties which lead the aprties to reach to an amicable figure.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

You have to prove allegations made in divorce petition

2) wife abusing husband amounts to mental cruelty

3) wife abusing in laws amounts to mental cruelty

4) since wife is working and highly qualified she is not entitled to maintenance

5) if there is substantial difference in your incomes you would have to pay her maintenance

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

1. The maximum she can do is to claim maintenance, but if she is earning on her own then you can repel her claim as a wife who is self sufficient is not entitled to claim financial support from her husband.

2. If she is not ready to give divorce then the case will go to trial where you will have to prove your allegations.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Are you keen in maintenance amount or keen in getting the relief of divorce from her.

Since she is also equally qualified and drawing a handsome salary, you may repudiate her maintenance claim on the same grounds.

You may file a divorce case on the grounds of cruelty and list out all the incidences of cruelty chronologically in the pleadings of the divorce case.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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