• Alimony

Me and my wife had love marriage now almost 8 months over. i am working in PSU with monthly salary 70000/- she worked in call center earning 12000/- now not working .i am from upper middle class have fathers & grandfathers property, i have no property or savings on my own now, planning to buy flat in future and she is poor with no property.we had lot of fights these eight months .Now she is 2 month pregnant, i have serious issue that if in future if she files for divorce without my consent she may be financially advantage to claim higher alimony .Now I want to be safe financially, How can i minimize financial damage in future if divorced is filed?
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

Hello, 

See sir there is no formula to calculate the alimony, it all depends on the claim made by her in the petition 

She will not have any right on your ancestral property but she might make a claim on your self acquired property if substantial time of marriage is concluded. 

As of now you may go ahead and purchase the property on your own.

Your salary, expenditure and saving will play a major role in deciding monthly maintenance and not alimony. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

But why will she divorce you, if you don't ill-treat her? Where is the trust in your marriage?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

There is no way by which one can shirk off financial liability for the wife and children.

So whether she files any case of not you are bound to provide for her maintenance as per your own status and earnings.

In the event she files case for maintenance, you would be directed to pay maintenance 1/3-1/4th of your  income.

There is no way by which you can avoid this liability.

So concentrate on your marriage and plan about the future of the child who has not even seen the light of earth.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

under no circumstances should you purchase any property at present 

 

2) continue staying on rent 

 

3) if you don’t get along  file for divorce by mutual consent 

 

4) if wife does not want the child she can go in for abortion 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You will become after after few months, than why don`t you think positive that things may change instead expecting situation will deteriorate ? Divorce will not be good for child.

Well, wife have no claim in husband properties neither child have except right to residence in shared household and claim maintenance.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can oppose her alimony application any time when she files.  There is no steps in advance you can take for safeguard for paying alimony

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

It is always advised that instead of going alone for divorce try to settle the issue or go for mutual consent divorce

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See in case of divorce she can just claim maintenance from you she has no right in the property. Further she is qualified and she was working so maintenance can be contested.

Further donor purchase anything in joint name.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Avoiding Alimony is not a piece of cake, it is important to find out factors which influence such a requirement in a divorce case:
 
1. Alimony can be avoided if the wife is guilty of infidelity:

Yes, that’s right. The divorce proceedings may be based on the merits of the case but this is a precedent fact.
 
2. Alimony can be avoided if the wife is wife? well:
 
When the wife is earning really well, alimony part will depend on the discretion of the court.
 
Normally the court will look into the husband and wife’s financial status. If their incomes have variation and the court feels that their standard of living should be maintained to the level when they were married, it will pass necessary orders.
 
3. Alimony can be avoided if the husband proves that he has no source of income:

If the husband is unemployed during the divorce proceeding, the husband can avoid alimony. This shall include circumstances where the husband has been separated by his family business or he has gone insolvent.

4. Alimony can be avoided if the husband remarries and has to take care of his second wife.

5. Alimony can be avoided if the wife remarries. Wife will not get anything. Husband will have to continue to pay for children if any

6. Alimony can be avoided if the husband is disabled and unable to earn a living. On the contrary, the wife can be asked to pay alimo

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Please note if she files for maintenance claim or alimony you can resist the same since she was working prior to filing of divorce petition as well as she is educated can be a ground for refusal of maintenance or alimony claim. But in case a child is born you are bound to pay maintenance to the child. In case you are planning to purchase a property its advisable to purchase the same in your parents name so that she cannot claim any right on the property.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Your wife is two months pregnant and you are thinking of avoiding financial losses,

dear query seeker, no one can predict future, live and enjoy present 

anyway, if you want to save yourself for future financial losses, then you can start living on rent, don't buy any property, don't save any money, but what if she proved herself to be a good wife, and suddenly due to any reason, you trapped into financial losses? 

so brother, think practically, earn as much as you can, buy whatever you want (property, assets etc), live life to the fullest, welcome the upcoming member (your own kid),

let the new member arrive in the family, take some time, think, think and think and then decide (almost after 2 years) whether you want to get rid of your wife or not.

this is not the right time.

Good Luck, 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

Future is uncertain.  Maintenance cannot be avoided until she is remarried .

Regards 

G.Rajaganapathy 

 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

It seems you are thinking far ahead! From the facts stated, it appears that divorce will be a difficult option for both of you, as you have said that your wife is in the family way. You have also stated that she comes from a poor family. In all fairness, you are duty-bound to take good care of her.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

The alimony aspect will be decided based on your salary income and income from all other sources.

Your father's or grandfather's property will not be taken into consideration to treat them as your own income, hence need not be worried about it.

If you are afraid of any property on your name which would be shown as assets on your name to decide alimony, then you safely buy that property on your father or mother's name.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. A wife can seek maintenance from her husband even without having filed a petition for divorce. Right of a wife to be maintained is independent of the remedy to file a divorce petition.

2. If she seeks maintenance the court will grant it unless you can prove that she is self sufficient i.e earning on her own. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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