• What is the 1/3 alimony law considering and is it considering my housing loans and insurance

I had a few queries
1) Can the mitigation lawyer force me to pay me a huge amount like 25 lakhs rupees so that my previous wife can go and buy a house and tell me to pay entire amount in a year which is way above my salary which i earn ? As normal housing loan is also 20 years so can i take the same time to repay ?
2) When the court asks to pay 1/3 of my net income does it considers the deduction of housing, living expense for self and parents and then deduct 1/3 or 30% and to pay her ? Also what all other loans are considered?
3) What is the rights of father? Is he being given only meeting rights of merely 8 hours per month as my daughter is 8 years old now. The mitigation lawyer is also not supporting me so wanted to take help from all of you experts here.

I am really thankful for your replies and guiding me.
Asked 15 days ago in Family Law from Panaji, Goa
Religion: Hindu

1) Here mitigation lawyer can't force you to pay 25 lakhs rupees. If its not in your capacity from where you are going to pay her.

 

2) Net income means net income which you receive from company or organisation in your salary account after deduction whatsoever company is deducting in the salary slip. If you inform court that you have home loan running and that has mandate on so and so date its get auto minus plus your other expenses those who are dependable on you.

 

3) You have rights to get visitation rights to meet you daughter  once in 15 days whole day.

Ganesh Kadam
Advocate, Pune
6807 Answers
53 Consultations

4.9 on 5.0

1. yes you can take the time to repay. No one can force you to pay. 

2. Deduction of the housing loan is not considered as the same is counted towards your investment. only the expenditure is subtracted.

3. If the mitigation lawyer is not helping you and is forcing things upon you then you may go ahead and contest the case. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

An amount can only be paid when the judge decides that it should be paid and judges are reasonable when it comes to deciding the amount. He cannot force you to pay an amount which he knows you cannot pay.

The 1/3 rule is not a fixed rule. It depends upon the facts and circumstances of the case. Therefore all these expenses are to be considered which are essential and her expense is essential too. So she would be given what is left.

Regards 


The girl can meet you on weekends. 8 hours a month is nothing and should be appealed against.

Rahul Mishra
Advocate, Lucknow
3638 Answers
10 Consultations

5.0 on 5.0

You can offer to pay monthly maintenance instead of lumpsum alimony 

 

2)courts considers your net income after taxes , dependent’s in determining maintenance 

 

3) your loans are not considered 

 

4) court has awarded you visitation rights of 2 hours is once a week or so 

Ajay Sethi
Advocate, Mumbai
62788 Answers
3828 Consultations

5.0 on 5.0

1. Unless and until you agree nobody can force you to make payment. So agree for mutual settlement only on such figure to which you can agree.

2. Housing loan applied for before your marriage is not be considered while fixing quantum of maintenance.

3. The time and frequency for visitation of the child depends on discretion of court and wish of the child. If you do not have much faith upon the present advocate then you can change him at any point of time.

Devajyoti Barman
Advocate, Kolkata
16928 Answers
240 Consultations

5.0 on 5.0

no one can force you to make payment beyond your capacity, you can pay as per your genuine convenience

 

1/3 is not a fixed rule, 

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses, etc"

 file an appeal against the visitation order, the time/duration will be enhanced

Suneel Moudgil
Advocate, Panipat
976 Answers
1 Consultation

4.3 on 5.0

No. You can complaint to bar association if any force for compromise by lawyer.

Net salary is the amount of take-home pay remaining after all withholdings and deductions have been removed from a person's salary by employer.

Fsther is legal Guardian but custody order favours mother , you can file application for extension of visitation rights or partial custody 

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

there is no such law. you can oppose the said maintenance application even appeal the same if you find the same erroneous.The court has to consider the net income after deducting all the expenses and if wife is working then such maintenance should only be awarded for children if any

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

1. The lawyer or your wife cannot dictate any such terms, you can refuse to budge to any kind of pressure in this manner.

2. The court should be convinced about your liabilities  as mentioned above, then there are chances.

3. This is visitation rights, why dont you file a child custody case and seek full custody of your child?

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

nobody cannot force you to make such payment. 

If you having personal loan then it can be considered while calculating the maintenance. if you having home loan then it cannot considered. 

 

I would like to advise you about the remedy which will be more effective than any other and that is you can either move a writ petition in the nature of quo warranto Oru order modification in case if custody order has been passed by High Court or You can try contest the case for complete child custody with valid points.. 

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

Im not sure the precise need of the mitigation lawyer in a matrimonial situation.  Nevertheless, assuming he is acting like a mediator to settle disputes between you and your wife- 

1. He can not force you per se but what he has suggested is a very practical solution as matter cannot be kept pending for the 20 years that you may need to repay the loan.  There are other alternatives but they may not be very secure for your wife which is why he may be asking you to pay the amount upfront. 

2. Firstly the 1/3 ratio is not followed by all Courts.  Secondly, only standard deductions and dependants are considered. 

3. No, that is highly unreasonable.  You should put your foot down and insist on half of al vacations/ holidays as well as 2 weekends in a month.  Your daughter is not that young that she cannot manage without the mother.  Better to specify all details of access while drawing up Consent Terms.  Do not leave anything as per the wishes and convenience of the child. 

Radhika Mehta
Advocate, Mumbai
460 Answers
4 Consultations

5.0 on 5.0

Dear Client 

  1. The mitigation lawyer can't force you to pay rs 25 lakhs and he also can force you to buy a house for your ex wife. The only thing they can demand for house is rent for her accommodation.
  2. The court will consider your necessary expenses while deciding the maintenance amount to your wife. These expenses include previous housing loans, parents maintenance but loan for luxuries like car are not considered while deciding maintenance.
  3. Father have right to meet his daughter as and when he want and you should file an application under guardian and ward act for custody of your child it alternate relief of increasing the meeting time with your daughter.

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been asked to do something which in fact, Hon’ble court would also not asked or order you to comply.
  2. Yes, when it is for the house to be bought then you should be given option to give the instalments accordingly.
  3. And it is not that the father can only get few hours visiting right to his daughter, but he even can get the whole custody by citing some of the good ground for the same.

Sanjay Baniwal
Advocate, South Delhi
4316 Answers
8 Consultations

5.0 on 5.0

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