• Divorce from my wife

I am 32 years old and I am a private engineering college lecturer by profession. My salary is 23000 per month.Due to my nominal salary my wife always fight with me as her high demand is not fulfilling. I have a 2 yr old boy.She is beating him also with anger. she mentally torturing me since from our marriage. Since i am the only son of my parents I have a responsibility towards my parents also. But if I am willing to give some money to my father then also she fights with me. Even i have tried for suicide for this mental torture.For this reason I dont have any romantic intrest for her. I want divorce from her. How much alimony i have to give. She is a master in commerce student. She can earn also.
Asked 5 years ago in Family Law
Religion: Hindu

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9 Answers

1. A marriage may be dissolved by a decree of divorce if the court is satisfied that the petitioner was meted out to mental cruelty by the spouse.

2. So you can file a suit for contested suit for divorce.

3. If she is without any job then you are liable for maintenance of both wife and child.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

See you can ask your wife first of mutual divorce if she is not ready for same then file a contested divorce on ground of cruelty, that she fights with you, want to separate from parents and also ill-treat your child.

Further she can ask for maintenance which has to be contested on ground that she is qualified and voluntarily sitting at home,

The divorce has to be filed in family court under section 13 of the hindu marriage act

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The divorce has suicide is not the end of the problem but you can try other when used to sort out the problems another way by amicable solution you need to discuss the matter with your family your parents and your wife hasband and together in case your wife needs any medical care you need to visit marriage Counselor so that the problem can be sort out buy the behavioural advice.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If she is capable of earning then you can oppose her Alimony application. You can show your expenses plus your parents maintenance and then can show the balance salary for deciding alimony

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The amount of alimony varies from case to case and it is not necessary husband has to pay alimony in each case.

If you have filed mutual consent divorce than the sum of alimony will be governed by terms and conditions of sale deed/ memorandum of understanding signed between you and your spouse.

In case of contested divorce, where your wife was not willing to give you divorce, she can claim alimony or maintenance.

That will be decided according the lifestyle which she was maintaining at the time when you both were staying together .

For determining this, the court will consider the income/ salary of both husband and wife, their expenses and liabilities.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File for divorce on grounds of mental cruelty 

 

2) wife abusing husband amounts to mental cruelty 

 

3) court woukd direct you to pay around Rs 6000 a month as maintenance to wife 

 

4) in alternative pay lumpsum amount of Rs 6 lakhs or so 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

You can file divorce on the ground of cruelty. Before court you have to prove that she is a educated and having earning capacity.  Then only the court will decide issue.

Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.

1)what is the max alimony I can give her?

Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You would have to pay her maintenance if you divorce her. Also a lump sum amount is also to be paid as per your economic capacity ie alimony the court will look into your savings and property in order to decide how much you have to pay.

Regards. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

She can earn but she is not employed hence she is entitled to monthly maintenance to the extent that she is able to prove your income.

if the situation is intolerable you may file a contested divorce case.

Consult a local lawyer and proceed on the advice received.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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