• Alimony in ex parte divorce

Hi 

I have filed RCR in the court in my Karnataka state after one year of marriage when both the family negotiations failed , she has received my summons and later my wife filed a case in section13a (1) (ia) in the court. Please let me know how will the court decide on Alimony in ex parte divorce. My wife has lived with me for a month filed a Divorce petition recently.She left few furniture and her garments, house hold goods back in the matrimonial house when she left. 

In her complaint she has mentioned (30 lakhs expenses for marriage along with gold jewelry) in the divorce petition along with domestic violence and many other charges. I would like to give ex partee would like to know if the court will pass the order to settle 30 lakhs if i give ex parte and don’t attend the court proceeding because we are from different state, which I couldn’t attend travelling all the way to the court, my monthly earning is 20k and I don’t have property in my name.and am unable to settle a huge amount.

She doesn’t have any proof to prove her claims in the court.

Thanks
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

1. The court will ask the wife to produce the prof of giving 30 lakhs goods, if the same is found to be genuine and in your absence to negate the same the court might pass an order. Though as and when the order is passed, you may move an application for setting aside the ex parte decree. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

See you should not leave the divorce uncontested as court as per her demand and affidavit can decide the alimony amount and that can be hard for you then of once the order is passed. So it would be better to appoint an advocate and contest the divorce. Or seek a mutual divorce from her.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Alimony  will be fixed by the court based on the information provided in the petition in case of uncontested divorce petition during the divorce petition mediation process takes place to Reconcile the differences as well as to decide the amount of alimony between both the parties and the same if agreed is conveyed to the court by the mediation to decide the case accordingly in case you do not attend the case the code will decide ex Parte divorce in her favour and you will have only option to get it reviewed in the same court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Court would not award wife Rs 30 lakhs towards marriage expenses 

 

2) you can engage lawyer and file reply denying that Rs 30 lakhs was spent towards marriage expenses 

 

3) burden of proof is upon wife to prove allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Why do you want to give ex-parte?

Since you've filed an RCR, the notice can be served to your lawyer in that case.

 

There are various factors on which the Alimony will be decided, like ... your wife's education, is she working, does she have any income,...

Also, if you appear, you can reduce your Alimony amount. For eg. you can say your parents are dependent on you, you have xyz liabilities/loans etc.

 

I would suggest you to go to the court.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

First and foremost, what is the status of the RCR proceedings filed by you? If the Decree in RCR has been obtained by you, the same needs to be brought to the notice of the Court hearing the Divorce Petition. 

 

Alternatively, if your RCR Petition has not been heard and if you also do not want the marriage, withdraw the RCR Petition and let the Divorce Petition go ex-parte. Even if you dont attend the Court, the Court is not going to blindly allow the prayers of your wife.  She will have to prove each and every allegation.  Forget alimony, even obtaining a ex-parte Divorce is not always easy.  As far as her prayer for 30 lakh is concerned, the Court should not allow the same.  The Court may at the most grant her a pittance, if she satisfies the Court regarding your income.  Even jewellery, unless and until she is able to prove that the jewellery was in your possession, the Court shall not order on the same. 

In the eventuality that adverse orders are passed, you can always seek to set-aside the ex-parte Decree of Divorce on the ground that the summons were not received by you or some other excuse. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You can contest the same before the court by filing your written statement to the said case. If you file your reply and present your version before  court then it will not be exparte.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1) No, court won't grant 30 lakhs of alimony to her. The alimony depends upon income of husband and living of standard.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

It's advisable to contest case.

Exparte decree shall be against you in all aspects.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

Dear Sir,

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.

 

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

  1. As per the information mentioned in the present query, makesnit clear that your wife has filed a case for divorce and several other cases in you.
  2. And you wish to not to attend the court proceedings for travelling issue, but want to go for ex parte order.
  3. Let me tell you that in divorce case, if you or your counsel won’t be there then the amount which she may get by order, would not suit you and thereafter you may have to go in appeal of the same order as if you do not pay the amount then you can be sent to jail also.
  4. So, I advice you to be here through your counsel and if in case on some occasions for mediation, you are required to go then go otherwise not.
  5. And in DV case, if you won’t go for proceedings then NBW will be issued against you and you will be in jail for sure.
  6. So, please do whatever, but with seeing the future consequances is the same, otherwise will be in problem.
  7. In fact, I advice you to contest the cases, so that you may not have to pay that much of alimony which she has been demanding.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

she can demand "maintenance" even after the ex-parte divorce, until she does not remarry.
There is no limitation for filing the maintenance case, and it has nothing to do with the outcome of the divorce case

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you have received summons its better to appoint a lawyer and ask him to represent your case you are only needed at the stage of conciliation and evidence. Court will not award maintenance or alimony as per her claim if she has no proof to sustain her claim in court. If you do not represent court will pass order as per her prayer so its advisable represent the case.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

Don’t be unwise. If you allow the decree to pass ex parte then court may agree with her contentions and pass the decree as prayed by her. The formula of calculation of alimony is as follows:

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.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence 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.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

In exparte divorce, only the relief of divorce will be granted by court.

She has to file a separate petition seeking alimony.

If you do not participate in the alimony case then it will also be decided against you by which you may have to pay as per the court order.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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