• Financial support to estranged wife

I married in 2000.My wife , age 47 is highly educated, but refused to pursue any career.She has promiscuous.relationship with an uneducated local boy much younger her age since 2003, since birth of my daughter.
My daughter is borderline mentally retarded.I couldn't divorce my wife to protect the interest of my daughter,though my wife wants it for financial settlement , alimony. and freedom to carry on with her promiscuity.
I am a Merchant Mariner and earn about 40 lakhs /year.She claims if she obtains a divorce from me , I have to pay 1/3 rd of my salary.I am paying 6 lakhs/year of which most is being wasted on the beau, my daughter is being neglected..
I live separately. Please advise how much should I pay her legally
Asked 6 years ago in Family Law
Religion: Hindu

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26 Answers

If you have proof of her adulterous relation with that boy then you don't have to pay her a penny from your hard earned money. 

Because according to Law a husband is not liable to pay maintenance or alimony to his wife if she is living in adultery.

You can file a case on her on ground of adultery you will get separated from her without any maintenance or alimony to be paid to her. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Wife guilty of adultery is not entitled to any maintenance 

 

2) gather evidence of her extra marital affair 

 

3) then file for divorce on grounds of mental cruelty and adultery 

 

4) if you are unable to prove adultery court can award one fourth of your income as maintenance 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

Rs 50000 per month is reasonable considering your net income of Rs 40 lakhs per year 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

Don't pay her legally anything as if you prove I need court that she is doing adultery then you are not bound for pay her alimony. 

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

Educated and/or working woman is not entitled to maintenance.

You can file divorce case on ground of cruelty desertion sexual relationship with others and also claim custody of your daughter. 

Her chances of getting maintenance is less. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

If a person leads an Adulterous life he / she is not entitled for maintenance.

Your top priority is to collate as much evidence / proofs as possible to prove her adventures like SMS, WhatsApp, mails, etc.

You can file for divorce and also an application for child custody.

As far as maintenance is concerned, show your liabilities / expenditure and give details of her educational background and her capacity to earn, thus, the quantum can be reduced substantially.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Obviously you are paying her too much. 

You can take custody of your daughter also on the ground that she is with someone else and you can file divorce petition against her

Tarun Budhiraja
Advocate, Rohtak
379 Answers

1. A person living in adultery is not entitled to maintenance . But the problem lies when you prove the adultery of some earlier date and on resent date such proof may be absent.

2. SO in other words you may remain ready to pay her maintenance @ 25% of your income.

3. Since you live a nomadic life the future of your daughter is secured with your wife only unless you have some close relative who is ready to take care of her.

4. So better get mutual divorce from her and provide financial assistance of your daughter on need basis.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

If you have proof of her such relation, you do not need to pay her a single penny, there is a law, detailed discussion necessary

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

See you can obtain proof her adultery and can file a divorce against your wife on ground of the adultery and if she file for alimony/maintenance same can be contested by you.

Further see the amount you are paying for her and daughter can be considered reasonable though she is not using it reasonable. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can contest her maintenance/alimony part.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You first issue her a notice to come and stay with you. 

It is difficult to prove adultery. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See proof such as photograph, hotel bills, there chat if any available.

See you can based in photographs of them entering different hotels and records can take the ground of adultery and can file for divorce. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

hotel register entries if they have stayed in single room would be evidence of adultery 

 

2) wife and her lover  cannot use any false name as hotels insist on identification proof 

 

3) contact a detective agency and gather evidence of her adultery 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

Jharkhand cadre IPS officer Rajiv Jain was today appointed as the new chief of Intelligence Bureau ( IB) while Anil Dhasmana will head external intelligence agency RAW.

Get in touch with him, he can give you perfect support you being into marines which is under government of india

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

You have got best possible evidence in your questioner itself !!! i.e., you can ask for CCTV footage / photos from the said Hotel for relevant period i.e., time, date, month and year ……….

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No you have photos and on that ground file divorce cruelty that she is with someone else

Tarun Budhiraja
Advocate, Rohtak
379 Answers

Both documentary and physical witnesses are need as evidence to prove adultery its difficult prove the same in court. Yes hotel bookings can be helpful but false names will spoil it. The waiters or other witnesses from hotel can be a good evidence

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

If you can get the proof of hotel CCTV cameras then you can prove the adultery.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If she files a maintenance case then the court may pass an order to grant her at least 35% of your take home salary for both, your wife and the daughter.

Even though she is highly qualified but since she never took an employment career so far in her life, you cannot claim that she is qualified hence to seek an employment especially at this stage of your marrige i.e., almost after two decades of your marriage.

However this situation will arise only if your wife and daughter are staying away from you and not while they reside under your care and custody.

 

T Kalaiselvan
Advocate, Vellore
90189 Answers
2506 Consultations

Promiscuity has nothing to do with the maintenance amount she may claim, it may be helpful for you to claim child custody on such grounds. However the custody of the child can be only till she attains the age of 18 years, after that  it is just the maintenance amount to her since she is adult but dependent on you.

Without any maintenance order from court, you may not be obliged to pay your wife any amount, however it is up to you to pay the amount as per your own decision, if you do not want to pay her this huge amount, you can stop paying it, let she approach court and get an order to that effect after fighting the case through court of law, where you can express your feelings and also disclose the facts of her adulterous life since long.

Let the court decide based on your expressions and facts proved before court.

 

T Kalaiselvan
Advocate, Vellore
90189 Answers
2506 Consultations

The evidences to prove her adulterous life shall be by producing photographs in compromising positions or any other evidences which may lead to confirmation to this extent. 

If you do not have any evidence then you may file a divorce case on the grounds of cruelty in which you can mention her acts of adultery as reasons for cruelty besides other issues you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
90189 Answers
2506 Consultations

1. I understand that your question is " how much should I pay her legally".

 

2. As of now you won't have to pay any thing legally without any Court order.

 

3. It is a fact that Court grants 1/3rd to 1/4th of net earnings of the husband to the wife for maintenaqnce for which she shall have to file an application.

 

4. If she files a divorce suit, you can well contest it with evidence of her extra marital physical relationship and in that case she will not be entitled to any maintenance for herself.

 

5. However, your sending her Rs.6 lakhs in a year is justified. Keep records of such sending of money to submit as evidence later on.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. If you can collect evidence of her having physical relationship with the third person like admission through text messages, pictures, copy of the hotel booking register, then it will be easier for you to seek divorce without paying a dime to her or contest her divorce suit, if any, refusing to pay her any furher amount.

 

2. Payment of Rs.50 K per month is not too much for maintenance of two lives.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. All hotels will demand presentation of ID Card and will record the ID Card no. in the booking register.

 

2. Moreover, the said entry will bear their hand wr iting also while entering the details.

 

3. You can engage a local detective agency to track down their rendezvous and collect evidence of their booking the romms for living together.

 

4. THE ABOVE EVIDENCE WILL BE ENOUGH FOR YOU TO COUNTER ANY OF HER PETITION/CASE FILED ON ANY FUTURE DATE.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

  1. As per the information mentioned in the present query, makes it clear that your wife is in adultery, but you want to know that upto which extent you would need evidence to prove her adultery.
  2. I would like to inform you that for proving the adultery you need not to have the video of their sexual intercourse.
  3. Even if you happen to get some message or some pics in which she has been talking about the intimation or can be seen getting intimate (hug would also enough) then you can get through it.
  4. And once you happen to have these proofs and get the decree in your favour then you won’t be having any need to pay any alimony to her.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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