• What are the pros and cons of permanent alimony and monthly maintenance

What are the pros and cons of permanent alimony and monthly maintenance ? Does a person giving alimony have a say in that ? I am earning net Rs 90000/- per month, what is the likely sum of permanent and monthly maintenance am I supposed to give? The wife is educated but not employed now. What if wife gets employment after separation and I have already given permanent alimony, Am i entitled to get the money back in such a case ?
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

No you are not entitled to get the money back.

If she starts earning then by moving an application in the court you may get the monthly maintenance reduced.

Also, if you want to break all the ties for once then give the alimony and move out of the relationship, otherwise you may give the monthly maintenance.

Either of two will be decided as per the facts of the case and no idea can be given at this stage.

Looking into your earning maintenance will be around 20K per month.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

No court can pass an order directing her to come to Mumbai.

If you want better education of the children then file a suit for custody in order to claim the custody of the children on the ground that better welfare will take place in Mumbai.

Welfare of the child is of paramount importance.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See the maintenance amount is decided by court looking at income of both husband wife life style and other factors. Yes you get to contest her maintenance application on ground that she is qualified and willingly not doing job.

In case you both agree for mutual divorce.then you both can decide the amount of maintenance.and custody.

Further if she is employed you payed alimony no refund though you can apply for reduction of the amount of maintenance that is monthly.

According to SC recent decision 25% of your salary can be given as maintenance it is just and reasonable. Further facts and circumstances depends in each case.

You have to contest when she applies for maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No such order can be asked from court instead gile for custody of your children that there welfare and growth is getting effected in gwalior you want there better education in mumbai and can take care of them.

You cannot force her to come. Court can decide your child custody application.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The permanent alimony is allowed only when the court passes decree of divorce and most of the cases it is a token amount and does not vary much.

2. However for monthly maintenance the entitlement of wife is not more than 1/3 t 1/4th of the net income of husband.

3. if there is allegations of tortures the court will not direct your wife to stay with you.

4. For betterment of the children you can seek various remedies by filing a custody suit.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) you can pay lump sum amount as alimony as you wont have to pay any money to her monthly

2)you would not get your money back in case wife gets employment later

3) monthly maintenance is better as it ceases on wife remarriage

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

you cannot force wife to stay in Mumbai after divorce

2) she can after divorce relocate to her parents residence

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Alimony once given , never back, 25% just and proper maintenance of husband salary.

One time alimony will be very high according to your earning.

U can file RCR u/s 9 of Hindu Marriage Act in family court.

What the need of divorce when no plans of remarry,

Adultery and extramarital affair of husband, no criminality and valid ground for wife to divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firstly, along with the monthly maintenance a sum as alimony can also be asked by the court to give to the wife which depends upon case to case.

Secondly, if you are paying maintenance and she starts working then you can move an application for the stoppage of the same.

Thirdly, no you can’t aske them even though you are paying all child expenses as it would be very easy for her to show that there are also some good schools.

Rest you can have a detail conversation with me through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The alimony is a lump some payment of an amount to terminate the obligation where as the permanent maintenance is the amount to be be paid to the opposite party till she do not marry again. Mainly the permanent maintenance is sought in cases where the intention of remarry is not an option for the opposite party and she needs maintenance support for life long.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The Supreme Court of India in its recent decision held that a benchmark of 25% of the net salary of a husband was held to be a "just and proper" amount as alimony to his former wife.

he Supreme Court noted that the amount of permanent alimony awarded must be befitting the status of the parties and the capacity of the spouse to pay maintenance. It has stated that "maintenance is always dependent on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors". In order to reach a benchmark rate for payment of permanent alimony, the Supreme Court relied on its past decision wherein it was held that 25% of the net income of the husband is a "just and proper" amount as alimony.

Although the reasoning of the Supreme Court in the above decision can be appreciated for the logic being applied in tandem with the circumstances and facts of the case; the Court has shied away from revisiting the rationale to adopt the 25% benchmark. In the Dr Kulbhushan Kumar case, the learned Bench, while referring to an older case3, wherein 25% of the income of a deceased husband's estate was payable as maintenance to his wife, itself acknowledged that there was no principle behind the determination of this proportion of "25%".

The alimony, i.e., one time settlement , if given at the time of divorce cannot be retrieved for any reason.

If she gets employment subsequently then the monthly maintenance can be sought to be reviewed due to change in circumstances.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

You cannot file any petition asking the court to direct her to shift to Mumbai for the said reasons.

The court may not entertain any such application since there is no law on it.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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