You have not mentioned what is your income
2) amount of maintenance depends upon your income , wife income , standard of living etc
How much alimony or maintenance for my wife
Hello Sir, I got married during Nov last year (2017) during marriage no dowry or dowry articles was taken. We are happy till 6 months, during May of this year she had Ectopic Pregnancy, I took her to Apollo and surgery was performed there. Due to loss of Kid she was depressed and one day broke out saying I cheated you, I had previous marriage, and 2-3 sexual relations I married you only for money. I was shocked and frustrated immediately called my wife parents and conveyed the same, but the very next day she attempted suicide. I took her to Apollo Hospital and during in hospital she said she want to leave with me, seeing her condition in Apollo I could not able to denied and took her my home. She started slowly recovering after 1 month I went to USA for project work. During that her parents took her to her home town and later they went to police station and treating to file a 307, 498A,DV, Dowry etc cases. I returned to India and participated in concealing, but my wife was now not supporting me. They are demanding a one time Alimony of 25 lakhs. Notes : 1. During Suicide attempt she took harpic which contains Acid and her medical condition will take loner time to recover. 2. As we thought on to move on, I committed with her sexually and she got pregnant. 3. She had Bachelor's degree in Dentistry. 4. At any case she was refusing to join with him, as her parents and sister planned to generate some money out of me. Please guide me under current situation shall I contest case or go for settlement with 25lakhs. Your suggestions are very much appreciated.
Asked 5 years ago in Family Law
Religion: Hindu
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10 Answers
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
Sir see 25 lakh is huge sum if you are able to afford same settle it take mutual divorce and move on with life.
Otherwise contest it and bargain with the them for lesser amount see she will get some.maintenance as she is not earning even though she is at fault.
In condition she was married earlier and she hide.same from.you file for anullment and then the amount can be contested .
It's advisable to contest the case as you can reduce the alimony secondly its advisable before they lodge a complaint you seek for divorce on ground of insanity and mental cruelty so that in case they file a police complaint you can get anticipatory bail since you would have filed a divorce petition
Hello sir , if you want to move on further with life and can afford 25 lacs , you can negotiate the amount by demanding mutual consent divorce .. It will also save you from unnecessary lengthy litigations and false complaints ... However, you can contest the same and file divorce on the grounds of adultry and mental and physical harassment , but also consider that it may involve you in lengthy litigations
Hello,
If you have time and you can take part in the trial then I would advise you to defend the same.
If you don’t have much time and you think that giving 25 lakh will be a better option, then you may go for it too.
You will have a good case. To contest or to settle will be your choice.
Regards
Hi,
The decision of contesting the case or settlement is totally yours. If you have planned not to stay with her, make your strategy to say that you are willing to stay with her and by this reduce the amount of one time settlement.
1. It is for you to take a call on whether to contest or go for settlement.
2. If you decide to contest the case it will be a long drawn legal battle having multiple litigations.
3. If and when FIR under 498A and 307 is lodged then apply for anticipatory bail
I'll suggest you to close the matter after paying her the alimony as demanded by her. Before doing so, you may haggle a bit with her so that they may settle for a lesser amount/ Litigation is a long drawn process.
There is no necessity to budge to her pressures for such a huge alimony.
You cannot file the divorce case within one year from the date of marriage, even if you file divorce case, let she claim for maintenance, it will be hr duty to prove your income with substantial evidence, hence for now you dont budge to any pressure from her.
