My wife is educated - done her masters in Commerce. She used to work for very low salary before marriage for some time and then left it. She is also from a lower income salary background, although that was not what I had in mind when we got married, I have my own home which is a 2BR which I had bought before marriage and most of the loan paid off. I had put in all of my last 10 years income to get that shelter of my own. We are married for a year and half and I am looking for a divorce - mutual or contested. More than money I am looking for peace of mind, Will I have to part of with half of my salary and home as what I have heard is that the alimony doesnt consider the length of the marriage
Asked 4 years ago in Family Law from Mumbai, Maharashtra
it is better for to settle all issue in between and go for mutual consent divorce. in case of litigation she may demand shelter in your house with maintenance which may upto 1/3 of your income
Advocate, Greater Noida
try for mutual divorce as contesting divorce is time and money taking activity,obviously you will have to pay alimony to her and maintenence if you contest divorce ,and further she proceed with some other legal proceedings you will have to take care of that also
Advocate, New Delhi
pay her a consolidated amount to settle with one time alimony and file a consent term before the court to this effect along wiht the MCD, that she has taken this amount towards her maintenance and alimony. include the clause that she writes off he future claims of maintenance and alimony , right in any immovable property etc.in the MCD petition . The amount of settlement can be decided mutually either with the help of a mediator, friend or relative orelse an advocate who understand your financial conditions and who can make her to agree for this.
Thanks.. what would be the consolidafted amount or one time alimony be. Just want to be preprared I will certainly try for MCD first. She is currently in India and I am outside on a temporary assignment. she has a MCom and is only 27, still I need to pay 1/3rd of my salary to her and half of the home i put in my 10 years of work. Also, she or her family has not contacted me since the last month. is it advisable for me to call and ask her family for MCD or should we wait few months before starting the process.... I have a recoreded conversation of she speaking with her ex boyfriend asking him is he is still willing to accept her etc ... which her parents too know about that I have such an evidence
Asked 4 years ago
Is she currently employed? If yes, what is her income? What is the difference between your and her income? If her income is sufficient for her to support herself then she cannot get alimony. You are obligated to provide financial support to her only in the event she is not able to lead a reasonably good life with her own finances.
There is no fixed yardstick to judge the amount which you can be ordered to pay as it is for the court to decide on the basis of facts placed in its domain. It is pertinent to mention here that her claim to alimony may be defeated in entirety on the basis of recorded conversation, wherein she can be heard inquiring from her ex-boyfriend about his willingness or lack of it to accept her.
you have not mentioned your income nor the income of your wife . you have only mentioned her qualifications and that she is not earning high salary . if she is highly qualified and earning a decent salary court may not award her maintenance .
if your wife is agreeable go in for divorce by mutual consent . in the consent terms mention that amount has been paid towards maintenance and alimony in full and final settlement and that she wont claim any further amounts in future
if she is earning lady then only she is not entitle to get maintenance from you otherwise she can claim maintenance after filing 125 of Crpc case or Domestic violence case against you.
the amount for alimony is different and depend on case to case.
half of your property can not be given to her, there is not law in india regarding this but the court may consider the status and income of yours to decide the alimony in contested case. if MCD it depend on the parties to execute MOU and MOU's terms and conditions are binding on the parties. so it will be better to settle the matter amicably as per your terms and condition.
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Advocate, New Delhi