• Alimony, compensation

The girl is seeking divorce from my son. They have been married for six years and want to annul the wedding thru mutual consent. We have agreed to the mutual consent but they are seeking compensation for the girl.
Q1. Is the girl entitled to any compensation when she is seeking divorce? Incase yes then how much percentage of the salary/ Lump sum amount to be decided as they have been married for only six year.
Q2. In case court decides on alimony then for how long the alimony has to be paid. I am told for a marriage of 10 Yrs or less it is termed as temporary alimony and is paid only upto 50% of number of years spent as married couple
Thanks
Asked 5 years ago in Family Law
Religion: Hindu

4 answers received in 1 hour.

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12 Answers

Hello sir , if they are proceeding with mutual divorce then the alimony amount is decided on mutual terms , court do not interfere in such settlement ... A mutual divorce can be obtained even without alimony if both the parties agrees to it

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

is the wife working or not ?

2)alimony depends upon husband income , wife income , standard of living etc

3) you have not mentioned what is the husband income .

4) need further details to advice

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

the amount spent on wife education cannot be claimed by husband

mutual consent divorce is best option . arrive at figure after consultation with your lawyer

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

alimony is lump sum amount paid at time of divorce

2) maintenance is payable monthly till wife remarries after divorce

3) even if girl asks for divorce alimony / maintenance is payable

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

hello sir

your son was married for six years and now they are seeking divorce through mutual consent. in cases of mutual consent, the court does not intervene as the parties have come to the court after agreeing on certain terms and conditions and they have been written down in the agreement which is produced in court and the judge passed an order upon the stated and agreed upon terms and conditions.

it seems that both the parties have agreed to divorce each other but haven't agreed upon the terms upon which they will grant a divorce to each other.

the amount spent by your son should be deducted from the amount she is asking for a grant of divorce.

in mutual consent cases, you have to negotiate and reach a conclusion.

otherwise, you can file a petition and contest the case.

the sum which your son has spent should be taken into consideration by both the parties.

alimony can either be a lump sum amount or a periodic amount and can be decided by the parties, taking into consideration the socio eco-status of the husband, whether the wife is earning or not, and various other factors. as this is a divorce by mutual consent you can negotiate it among yourselves.

the alimony is paid for the lifetime of the wife either a lump sum or periodically.

regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. Since this is a mutual divorce, even this aspect, i.e, whether or not the wife will be paid maintenance/alimony has to be decided mutually between your husband and wife. If you do not want to pay alimony, you are free to negotiate with the other party. 25% of net salary is a reasonable maintenance.

2. Since this is mutual divorce, court is not going to decide the component of alimony and its quantum on its own.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Yes, he is free to settle the amount that he has spent on her education.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Dear Client,

No amount is recoverable from bride incurred during subsistence of marriage. But she is highly educated than her chances to claim alimony is blink, as held by courts, earning and educated women not entitle to maintenance/alimony,

And educated women sitting idle at home, dose not make her entitle to alimony.

Period of subsistence of marriage has not effect on payment on alimony, it last till she remarries.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. There is nothing illegal if she demands compensation or one time settlement alimony amount even if she proposed mutual consent divorce.

If you do not want to agree for the the settlement you can deny the same.

There is no yardstick to measure the quantum of one time settlement amount because in a mutual consent divorce, this is an agreement between both the parties about the settlement also before filing the petition seeking divorce through court of law.

So it depends on how much she may ask and how much you would be able to give her and the negotiations between both.

2. Your understanding is incorrect. As far as monthly maintenance alimony amount is concerned she has to file a petition before concerned court, both the parties have put forth their arguments, the court will decide the same on merits after hearing both the sides.

The maintenance shall be paid till her lifetime or till she marries another person or there is any change in her economic status.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

During their married life, my son had spent Rs 20 Lakh to enhance his wife's education on her insistence by sending her abroad.Can you guide me whether this amount can be claimed/included for settlement of compensation.

Since there wa no compulsion on your son to spend on her this huge amount, it may not be legally valid claim to claim the amount spent on her, he may not be able to succeed in his claim .

If she had borrowed this amount then he may stake the claim.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

My question has not been answered. Question was- Wife is asking for a divorce. Is the husband still liable to pay alimony/ compensation. Also for how long the alimony has to be paid if they were married for only six years.

In mutual consent divorce, it cannot be said that the wife is seeking divorce.

The alimony amount shall be decided before filing the mutual consent divorce petition.All other questions have been answered accordingly in the previous posts itself.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Query of Panchkula for Alimony---------------------Ans1. Yes d girl is entitled for maintenance or permanent alimony under section 25 of d Hindu marriage act 1955. (ii.) There is no set rule in sec 25 regarding the calculation of d amount of alimony on d basis of year s of marriage. Permanent alimony is decided on d basis of respondents own income & other properties if any as d court may seem just. And.2) If court decide s alimony then according to ss.(3) of sec.25 it allows alimony until d girl has not remarried & has remained chaste. Again marriage year s r not ground for calculating alimony u/s25 HMA

Sital Patil
Advocate, Kota
139 Answers

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