• How much alimony can my wife claim

Hi,

I have been married for only 5 months, Our marriage is not consummated as my wife keep on saying she needs more time. The day we entered in our rented accommodation she took one room and asked me not to enter her room, she has been living in separate room and asked me not to enter in her room so I am living in another room. There has been constant fight between us because she want all luxury things and keep on comparing me with her friends' husband or other people who earn more money or spend more money on their wife. Now she want divorce and has filed false domestic violence case against me and demanding 20 Lacs from me and kind of blackmailing me. She earns around 70 thousand to 1 Lac per month and I earn around 1.3 Lacs per month is she entitled for alimony or maintenance ? She has asked 25 thousand per month maintenance from me. Once with help of pressure from police she got 25 thousand transferred from me. The is one guy came to our home in my absence at night around 10 PM and left house at 11:30 PM when I was out of town. I have CCTV footage of it. That guy's wife also filed a complaint 1 year back against my wife before my marriage because of her husband was involved with my wife. My wife is keep on threatening me. How much time will it take to resolve all this case in court. My family don't want to go court because it will take atleast 4-5 year and they want me to move on in my life by paying money. I have consulted people who are fighting these kind of cases and they also advised me same saying that you will end up loosing money on court cases and eventually you have to pay money to your wife so it's better to move on rather than fighting...I really need an honest answer
Asked 2 years ago in Family Law
Religion: Hindu

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27 Answers

Don’t bow down to blackmail tactics

2) no need to pay Rs 20 lakhs demanded by wife

3) there ya not substantial differences in your income

4) wife would not get substantial amount as alimony

5) offer to pay Rs 5 lakhs

5) if wife wants second marriage she woukd want an early divorce and move on in life

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Dear Client,

All u need to prove your wife adultery, than will be in advantageous position in every case, neither u will need to pay her any alimony/maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1) She is not entitled for alimony as she is working women.

2) Don't pay her single penny to her. As she earns more than sufficient per month.

3) If the CCTV footage are correct than you can file case against her under section adultery and in adultery issue if she is caught and proved in the court all those evidence CCTV and previous complaints against her.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

See if speaking logically in terms of Indian law and current situations 80 percent are chances that what your parents and people are saying is right because court cases take lot time to dispose , you have to pay legal fees for different cases and different stages challange order and it will also waste subsequent part of your young life like 4-6 years on resolving all the cases. And in end there may be chance that court may grant her alimony or lumpsum amount even if she is earning more or less equal amount.

But still there is 20 percent chances as happened in few case you will.able to prove her allegations wrong, you will succeed in maintenance and you won't pay her single penny. But still in this case also it will take time for disposal and money as legal fees and other charges as for succeeding you have to hire best.of advocates and contest matter before different judicial forums.

So it's your decision in my honest view you are young earning good amount these case will also effect your career too and mental pressure shall be there and it will take a long time to settle. So what you can do is bargain for money give some less amount and settle it get mutual divorce ask her to withdraw all criminal cases. And then within period of 6-8 months you can move on it with life you can have great career and earn money.

Now as far as legal opinion is considered if there is nothing on record to show there was domestic violence and you have proof of her cheating nature file same with your reply in the trial court and prefer a quashing petition before high court to quash the domestic violence proceedingson ground of that cctv footage and previous case.

Further in your divorce petition submit a reply

that you don't agree her allegation but agree for divorce. Further in maintenance petition bring her salary on record further that there was no domestic violence no proof of same and she was cheating moreover she is not eligible for the maintenance there are judgement to support you but there are too many to support her to then the decision shall be description of court based on facts and evidence. Obviously the order of court can be appealed.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Hello sir,

She is not entitled for any maintanence if she is working and earning more than Rs. 70000/- . You may move an application before the concerned court on behalf of your family for removing their name from the case because your wife has not any domestic relationship with your family members as you are living separately from your family on a rented house.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

Hello sir, legally she cannot claim maintanance as she is a working and a earning lady...It is true that any litigation will lead to harrasment and legal expenses..since you have been married for 5 months,mutual divorce cannot be granted,as 1 year is the minimum period required for mutual divorce

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

Lawyer up! Seek divorce. Prolonged denial of consummation amounts to cruelty and the CCTV and that man's wife complaint can give you another ground-- Adultery.

As for the case, marriage is like a lottery ticket, either you win or you lose-- but cannot throw it away even when you lose. So the system will run its due course. Keep your conduct clean, move the court and seek divorce. the quicker you proceed, the easier it will be.

Rohit Saraswat
Advocate, Ghaziabad
9 Answers

Not rated

If marriage is not consummated then marriage is not complete, file mutual divorce and part ways amicably

Aveek Bose
Advocate, Kolkata
1221 Answers
9 Consultations

4.7 on 5.0

Hello,

If you need an easy settlement go for divorce by mutual consent though the statutory period is one year but you can file it earlies in certain circumstances.

However you can also file a case against that person for adultery .

Moreover i would llike to suggest you no to go for out of court settlement by signing an agreement.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2907 Answers
6 Consultations

4.7 on 5.0

Hello, to be very honest with you would suggest you to get the mutual divorce and if she does not agree for divorce without alimony then you definitely contest all the cases. As she is earning she is not entitle to get any maintainance. You have valid ground of divorce. But you have to contest the case else she will ask huge amount of Alimony or maintainance. We are the gurgaon based law firm. Kindly contact for detailed discussion. Regards

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

In case of adultery and non consummation you may be spared of paying alimony. Other wise you have to pay 25%.

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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

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DEFENCES FOR HUSBAND TO DENY OR REDUCE

If your wife has asked for maintenance under CrPC 125, here's your chance to learn everything about how to fight and deny or reduce maintenance under CrPC 125

1. Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment

This is somewhat old judgment of Supreme Court, and it brings an important consideration which was overlooked by lower courts: Which was neglecting to consider monthly EMI paid by husband towards housing loan.

The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m. While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m. Somehow the facts of the case don’t add up for me. There must be more to it than the numbers mentioned in the judgment.

The logic of going for an EMI of 21K on a salary of 35K itself seems questionable. Surely reducing maintenance might be considered a sacred goal by many husbands, but taking such huge loan thereby living on the edge is probably not for everyone. Also, from facts of the case, husband has already accumulated huge arrears of maintenance, probably hoping that one day a higher court will reduce his maintenance to some very low amount. While an optimistic view is good in life, one should assess risk vs reward in these matters. Accumulating arrears in maintenance is a high risk thing, because there is no guarantee the higher courts may reduce the maintenance drastically. Further, one has to live with that uncertainty for a long time running around in courts, so best strategy should be to reduce interim maintenance right from the start, at trial court level.

2. MP HC denies maintenance to wife on her CrPC 125 appeal

We have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill.

The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen. Also the wife didn’t appear in HC at all for her own appeal. If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults ) , of course they can make full use of it! This was how usage of CrPC 125 was intended to be, but after passing of laws like DV Act combined with the so-called ‘women empowerment’ trend, most of the time interim maintenance is granted based merely on allegations and the fact that wife is not staying with husband.

3. Qualified wife can’t sit idle and claim maintenance: Mumbai family court

Important part of judgment below:

________________________________________

16. The learned counsel for respondent has argued that the petitioner is well qualified and she is earning an amount of Rs.50,000/¬per month, she is having sufficient income for her maintenance. It is argued by the learned counsel for respondent that before the police station Worli on 12.11.2011 the petitioner has given statement u/s 161 of Cr.P.C. The petitioner has admitted that she has completed degree in Food and Science Nutrician, she had worked as a dietician, she is Post Graduate in Dietician field, she had also worked with Larcen and Tubro etc. but at present she is not working. The above statement made by the petitioner clearly shows that she is well qualified and able to do job. The respondent though submitted that she is having huge investment in crores of rupees but nothing is placed on record. It is clear from the statement of petitioner that petitioner is well qualified having capacity to earn. The Hon’ble Madhya Pradesh High Court in the case of “Mamta Jaiswal Vs. Rajesh Jaiswal held that well qualified wife is not entitled to remain as an idle and claim maintenance from her husband. In short, the wife is not entitled to advantage of her own wrong, she cannot harass the husband on the count of maintenance though she is capable to earn. In the present case in hand, the petitioner-wife is very qualified, she has worked with various companies. This admitted by herself, now she is claiming that she is a housewife, having no source of income. The wife who is well qualified and claiming maintenance by sitting idle is not entitled to get maintenance, secondly she herself has admitted that though her husband is connected with garment business but he has share worth rs.5,000/¬only. Considering the above circumstances, it is clear that the wife is having good capacity to earn. According to respondent, she is earning but no any documentary evidence is on record that she is earning. Nothing is on record to prove the income of respondent at this primary stage. In such circumstances, in my view, at this juncture petitioner is not entitled to get maintenance. Hence I pass the following order :

ORDER

1. The application is rejected.

4. Woman can’t evict husband just because she pays EMI: Mumbai Family Court

MUMBAI: A family court on Monday rejected a wife’s interim plea seeking her estranged husband’s removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan).

The court, while ruling in favour of the man who pays Rs 90,000 a month for household expenses, said in the current day, it is difficult to ascertain who has contributed how much while purchasing any asset or discharging any liability. “If both contribute to the household, either this way or that way, a particular spouse cannot claim exclusive right, ownership or title in the household property, merely because either the property stands in her name or she has contributed financially,” said the judge.

“Not giving bath to a daughter cannot be a ground for the wife for excluding the husband from a property.

Similarly, his absent-mindedness of not removing the key from the keyhole while entering the house would be an unintended nuisance to the wife, but it cannot be a ground for throwing him out of the house.”

Among other reasons, the woman had claimed that her husband scolded the domestic help for drinking water untidily, left the child in the car while purchasing snacks, gave her lectures on parenting and did not lower the volume of the television.

The court referred to a Bombay high court judgment, which observed that if a husband shows negative treatment like disturbing the matrimonial life and jeopardizing the safety and security of the spouse and children, then such an interim injunction can be granted. “No such contention is raised in this application. On the contrary, the grounds mentioned show that this is the normal bickering which occurs in an ill-tuned family,” the court said. The court advised the parents to keep peace for the child’s sake until the petition is decided.

It’s a bit perplexing to me. The news doesn’t say who has filed petition – husband or wife. I don’t know what kind of petition can be filed in family court when husband and wife are already staying together! It can’t be RCR (restitution of conjugal rights). It can be CrPC 125 or DV case to ask maintenance. But wife seems to be earning and paying EMI so it’s not exactly a case that she faces a financial crunch. Filing divorce while staying in same flat is in theory possible, but it might raise suspicion of collusion between the parties; unless the petitioner and respondent can both state that they have to stay in same house due to financial crunch until the case gets decided!

Most likely it was CrPC 125 or maintenance under DV case, and the reason for staying in same flat are could be to do with housing crunch and high rents in Mumbai!

5. Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income

The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income). Full judgment text below: Lalit Bhola vs Nidhi Bhola & Anr. on 12 February, 2013 Author: G.P. Mittal * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30st January, 2013 Pronounced on: 12th February, 2013 + Crl.M.C.75/2012 LALIT BHOLA …..

6. Multiple maintenance under DV Act denied when CrPC 125 already decided

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Multiple maintenance under DV Act denied when CrPC 125 already decided

12 Oct2014by videv 3 Comments

It is a short and sweet (depending on the ears) judgment which denies fresh application for maintenance under PWDVA (DV Act) when a previous maintenance under CrPC 125 is already decided. Another crisp and clear judgment by justice S N Dhingra.

Important part of judgment below:

If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C. If the woman has already moved Court and her right of maintenance has been adjudicated by a competent Civil Court or by a competent Court of MM under Section 125 Cr.P.C., for any enhancement of maintenance already granted, she will have to move the same Court and she cannot approach MM under the Protection of Women from Domestic Violence Act by way of an application of interim or final nature to grant additional maintenance. This petition is not maintainable and is hereby dismissed.

7. Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending

this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court.

Important parts of judgment below:

7. Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim. Following paras of the application u/S. 125 of Cr.P.C. are identical to the paras of the plaintiff in Reg. Civil Suit.

Application u/S. 125 Reg. C.S. No. 227/86 of Cr.P.C.

Therefore, according to Mr. Vidwans, in both the litigations, the fate would be based on the same evidence.

8. The findings given by the Civil Court are binding on the Criminal Court. Therefore, as the matter is seized with the Civil Court i.e. in respect of the maintenance allowance and that too the similar amount which she alleged to be entitled in the application u/s. 125 of Cr.P.C., instead multiplying the litigations and to harass the applicant to lead the evidence in different two courts, in the interest of justice, the application pending in the court of J.M.F.C., Buldana be stayed till the decision in the Reg. C.S. No. 227/86. It is further submitted that any verdict given by the Criminal Court is not binding on the Civil Court but it is vice versa. The reliefs being the one and the same, the evidence will be common, so also the documents, it is the interest of both the parties to get the verdict from the Civil Court.

16. Considering the facts and circumstances and the submissions made by the learned counsel for the parties, the relief in both the cases, being one and the same, and the Civil Court being seized with the matter, in the interest of justice, the proceeding pending in the court of J.M.F.C. Buldana, be stayed till the decision of the Reg. C.S. No. 277/86.

17. The non-applicants could not be allowed to ride two horses at a time (two simultaneous proceedings in two different Coruts) and could not be permitted to continue the maintenance proceedings u/s. 125 of Cr.P.C. when they had already chosen the alternative remedy in Reg. C.S. No. 227/86. It is well settled law that the judgment of Civil Court shall prevail over the judgment of Criminal Court. The natural justice demands that parallel proceedings cannot be allowed to continue in different Courts.

8. Qualified MBBS wife asked to do some work: Delhi HC Judgment

This older Delhi High court judgment by Justice S N Dhingra is an important one which puts equality between men and women before the law on a sound footing. It seems from the wording that the case involves asking for maintenance under one more section (probably HMA 24) while also getting it under CrPC 125. The judgment orders that she not sit idle on her MBBS qualification and do some honorary work while she is getting maintenance from husband.

Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

Dear Sir, you don't worry, you have to prove her income before court by produce her salary slip and her employment proof for she is capable to lead her life without your maintenance or alimony. The court reject her prayer of maintenance and alimony. If you are really to resolve the matter amicable , you and your wife have to file Mutual Consent Divorce, I think it is not possible as per your query. I would like to advise that you have to file Restitution of Conjugal Rights, it will very helpful to dismissal or reduce effect on you of u/s 498A and Domestic violence case. One more thing is you don't disclose or discuss with anybody for your salary details it will dangerous and misuse against you. Anyway all the best.

C. V. Jadhav
Advocate, Bangalore
544 Answers
18 Consultations

4.7 on 5.0

Since she's educated and earning where by there are many apex court rulings where wife is not given maintenance. Secondly since you have proof of her adultery she is not entitled to maintenance. Please go through below provision its better to contest case if not you may have to shell out 1/3 of your salary.

No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Section 125(4) Crpc

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear client you have good case.

If u have footage in your hand. You can also file complaint against your wife and you can also go for quashing in hc in case any complaint against you and your family.

I ll advise you to contest as you have good ground.

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

Firslty, alimony is not the right of the wife, it is something which court may grant after going through the need of the wife depending upon several facts.

Secondly, and I advice you to please talk to her in a way that you have lost your part and try to record something with regard to the confession of her being filing false cases and all.

Thirdly, the above is only the suggestion to save you from other cases.

Fourthly, and she may not get so much alimony as she is also working in lieu of what she has been demanding.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File for a Section 9 Petition for Restitution of Conjugal Rights,

point in it that the marriage has not been consummated so that also forms a ground for divorce, without any alimony, there are conclusive judgments on this point.

And since you have evidence of Adultery all these make you cases stronger.

And alimony is a means to income that is paid in cases of non-working wife who needs sources to survive with dignity, you wife is working and earning woman, there will be no case in which you would have to pay a single penny assuming what you said about her income is true.

Cheers

TC

Anshul Chowdhary
Advocate, New Delhi
19 Answers

Not rated

Hello,

Try and talk to your wife for mutual consent divorce if she is not happy with this relationship.

She is not entitled to maintain but is liable for alimony.

It will be good if you can convince her for mutual consent divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

The advise given by some people would be based on the practical situation and may be very good to listen for the present.

But this is not a solution for the current problem

If she has refused to offer the conjugal relationship and if the marriage has not been consummated so far, then you may file a petition for annulment of your marriage for the same reason and groundes stating that she impotent hence refusing to have the sexual relationship or may be because she is having an extra marital relationship with her paramour which prevents her from having the same relationship with you.

You should have far sighted thinking about this problem and should not think of present relief alone.

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

no your case is good case. you have to level allegations against her that she was living in adultery and also place on file the complaint filed by that lady against that person whose footage you have. no maintenance ll be ordered by the court against you to pay your wife

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

If you want to settle the matter try to resolve the matter through mediation process before court where you can negotiate according to your pocket. Dont opt for out of court settlement.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

if your wife has stayed in same room with another guy it is sufficient to prove adultery

2) wife guilty of adultery is not entitled to any maintenance

3) no need to pay her Rs 15 lakhs

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Sir these evidences wife will be useful in proving there relationship file a case of adultery on the boy friend of your wife and further you can seek divorce from your wife on ground of adultry and cruelty as no adultery case be filed against a women in India. But this will help to contest her illogical demand of alimony.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Dear client you have very strong case. You need not to pay a single penny. Your wife having relation with other guy is enough proof to support your case

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

1) Actually you have lots of proofs and you can prove it in court of law that what had happened in the passed life.

2) You can file adultery case against her and get divorce without paying single penny to her.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

Statement of the other persons wife wouldn't matter till she lodges complaint against her husband if she has lodged complaint take a copy of same and submit to court when your wife presses for maintenance. The proof provided by you will be sufficient to get the maintenance petition dismissed since the wife is educated and is living in adultery she's not entitled to maintenance. You can take ground of extortion by providing original of document where she has demanded 20 lakh in writing.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Point No.5 and point No.1 may corroborate the events in the absence of substantial evidence.

Rest all other points can be produced before court during cross examining her, if she accepts any of them then that can be accepted as documentary evidence or else they may not be marked as exhibits.

However you can, in your pleadings include all the said events and circumstances to prove your case, let the court decide and pass judgment accordingly.

It is incorrect to say that the laws are biased and men cannot do anything about it.

Dont lose your hopes on the basis of misguidances of the people around you.

You should first identify the people around you who keep discouraging you all the times this way.

Ignore the gossips or rumours in this regard, take your steps effectively, you may even change the lawyer if your lawyer is not cooperating with you or constantly discouraging you.

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

Dear, you dont need to worry. If you have not consummated then you can take divorce on the sole basis. Contact to adv.jaswantsinghkatariya at gmail.com for more information

Jaswant Singh
Advocate, Gurugram
891 Answers
2 Consultations

4.8 on 5.0

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