• Divorce

i'm husband party..my wife was mentally torturing m from day 1 of my marriage...we had a love marriage and i've supported my wife 1 year before even my marriage as her family wasn't agreeing to her needs.i'm an anesthetist earning 90k a month...and my wife is also a mbbs graduate who can easily earn 70k per month but right now is'nt working.she wants me to get seperated from my family and live with her parents and support them..but i refused to do so..she had very strange behaviour at home and she was also seeking pshycic advice and was on medication for the past 2 years as she was unable to crack the postgraduate exams..i thouroughly supported her during her on off face and setteled according to her compatibility..but sometimes we also had quarrels which often progress into fights..she used to hit me but i ignored oftenly...and one day i had slapped her and she moves out of my house...as if she and her family was planning for this day..i've filed for section 9 and she had filed in mahila court...
i want to ask how much alimony can she take from me...we have no childrens and our marriage is just 1 year old?..and i dont want divorce as i sincerely feel that all this sudden change of her attitude is because of her mother filling her ears..as they have a family crisis and wants me to get settled there or otherwise they'll ask for huge lumpsum of alimony.
Asked 3 months ago in Family Law from Dehradun, Uttarakhand
Religion: Hindu
Your wife is highly qualified doctor 

2) she can easily work and maintain herself 

3) court would. not award her substantial amount as alimony 

5) alimony is at discretion of court 

6) settle for Rs 10 lakhs
Ajay Sethi
Advocate, Mumbai
49200 Answers
2934 Consultations

5.0 on 5.0

Monthly maintainance vary judge to judge but in your case , maintanance may be between 15-25 k.
Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

1) You had did correct by filing RCR case against her and try to stick that only. Inform to court that you don't want to be separated and never ever won't divorce.

2) If court pass alimony to her it may be maximum 25-30% of your net income of monthly. Try to convince her to stay together as you won't be able to live without her.
Ganesh Kadam
Advocate, Pune
3042 Answers
17 Consultations

5.0 on 5.0

Hello,

If you do now want divorce then you may go ahead and talk to your wife. Enter into meditation sessions with her.
You may ask the court under sec 9 to send your case to mediation.

Regards
Anilesh Tewari
Advocate, New Delhi
9950 Answers
133 Consultations

5.0 on 5.0

See looking at the facts and substance of your case you should try mediation between your wife and you you both should settle on the small issues and can have a great life by settling dispute can take help of marriage counsellors.

2. If she is going for divorce you can contest same firstly that you donot want the divorce and all allegations are false. Secondly your wife is qualified and can earn well so your wife won't get much alimony further it is discretion of court.

3 donot agree for unneccessary alomony amount for settlment and contest same.
Shubham Jhajharia
Advocate, Ahmedabad
5381 Answers
15 Consultations

5.0 on 5.0

1) Your case will be first talk on mediation by mahila mandal thatvis women's cell in the police station. If here its not get sort than case will move to court. In that you may proceed with RCR sections.

2) Only your income is treated for alimony and not your parents.
Ganesh Kadam
Advocate, Pune
3042 Answers
17 Consultations

5.0 on 5.0

Alimony will not depend on salary of the parents.
She will claim the expenditures made on wedding.
Contact a lawyer who may call for some mediation sessions.

Regards
Anilesh Tewari
Advocate, New Delhi
9950 Answers
133 Consultations

5.0 on 5.0

Your parents income is immaterial 

2) RCR case is useless 

3) if you want divorce no sense in filing RCR case
Ajay Sethi
Advocate, Mumbai
49200 Answers
2934 Consultations

5.0 on 5.0

Your court would not allow to your wife, owing to the fact that she is a well qualified doctor and can definitely earn her livelihood. 
You don't have to settle with them for a hefty alimony amount and should contest the same. If they ask for some just amount, then you should think about settlement. 
Your parents income would not have any bearing on the maintenance case.
Siddharth Jain
Advocate, New Delhi
1521 Answers
17 Consultations

5.0 on 5.0

In the course of your RCR the court shall order the mediation further mahila court also before trial can call for mediation between the parties.

Income of parents is not considered while calculating the alimony.

You all including parents can file a quashing petition before high court to quash domestic violence proceedings.
Shubham Jhajharia
Advocate, Ahmedabad
5381 Answers
15 Consultations

5.0 on 5.0

Going for divorce is not an easy decision coz it will give you another set of mental problems as the divorce is not a day business. The taking of oils and medication for pshycic can not be the cause for the annulment of the marriage.
First you need to live separate with her for some time and see if there is any change and visit marriage councillor for the analysis of your behaviour.
Filing a divorce petition or a police complaint will effect your relationship for ever.
Vimlesh Prasad Mishra
Advocate, Lucknow
2666 Answers
5 Consultations

4.9 on 5.0

Firslty, the asking from you to get separated from your parents is itself a cruelity as per latestaw of Supreme Court.

Secondly, and you don’t have to pay alimony also , but as you said you don’t want to divorce her then I advise you to go for mediation in the proceedings of section 9.

Thirdly, no it only depends upon the income of the husband and the living standard of the wife.
Sanjay Baniwal
Advocate, South Delhi
2007 Answers
5 Consultations

4.9 on 5.0

Since you have filed RCR, there is no question of alimony now.

The question of alimony will come only when the divorce is granted 

She is a highly qualified person hence she can be denied maintenance, there are various judgments of high courts and supreme court stating that a qualified woman cannot sit idle at home to claim maintenance from her husband.

In my opinion you may withdraw the RCR case and file a contested divorce case is she is not compatible or goes beyond tolerance.

Asking you to leave your parents and live separately with her is also a form of cruelty.
T Kalaiselvan
Advocate, Vellore
39402 Answers
422 Consultations

5.0 on 5.0

The next step in my opinion is that you withdraw the RCR and plan to file divorce petition if she is not cooperating and appears to trouble nd torture you forever in the future.

The alimony aspect and other issues can be handled when necessity arises.
In the mediation you do not agree for any amount towards settlement.

Your parents income will not be included during maintenance case arguments
T Kalaiselvan
Advocate, Vellore
39402 Answers
422 Consultations

5.0 on 5.0

Dear Sir
In case she refused to reside in matrimonial house then you can get divorce without alimony.

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India grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.
Kishan Dutt Kalaskar
Advocate, Bangalore
2667 Answers
43 Consultations

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