• Alimony

Dear Sir
In case wife is being greedy and asking an exorbitant alimony which is beyond my capacity then how to contest?
Secondly if we contest and she give false allegations on my parents how to save them from getting dragged in court?
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

No need to bow down to pressure tactics 

 

2) refuse to pay 

 

3) let court determine alimony amount in divorce proceedings 

 

4) burden of proof is upon wife to prove allegations made by her 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You need to contest it on your income capacity, her income earning capacity along with her educational qualifications and capabilities to work and earn

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

1. In that case you have to investigate and find out as to what job or business she is doing and what's her annual income.

2.  Normally will be decided based on the duration of marriage, her earning capacity, her educational qualifications, etc. If she's very well then the Court may not grant her a big alimony. You can contest her claim by producing your salary slip and/or I.T. Returns.

3.  If she files false complaint then it has to be countered with strong evidence and if you apprehend that she may file 498 A case, better to obtain Anticipatory Bail.

4.  In case you are interested in obtaining divorce, then convince your wife to agree for Mutual Consent Divorce which saves you time and money.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

Please prepare Memorandum of life style of your wife for home,clothing and food per month, year and upto the age of 55 years and calculate it as per your convenient and submit affidavit before the court for readiness to dispense with the amount without any hesitation and you would win the matter in your favour No worries. 

In case Criminal charges against you and your family, Please approach District and Sessions Court for the Anticipatory Bail. 

Secure self and family by ABA.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Paying or not paying alimony is dependent on two situations. One, the economic status of the wife, whether she is able to maintain herself or not, two even if she is able to maintain herself, the husband wishing to give her alimony. When the legal consultant presents before that she is not capable to maintain herself, the court obviously passes the order for alimony.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. If the amount of alimony demanded by your wife is beyond your means then you can refuse to pay her. In such eventuality she can file case for maintenance in which your liability to pay maintenance doesn't exceed 1/4th of your income. 

2. There is nothing to worry.  If FIR under section 498A IPC is registered then your parents would easily get bail after which nothing remains in the case. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Alimony is granted on your net income and living of standard of matrimonial family. She can raise false allegations against you on that basis your parents can be dragged if she takes their name in the FIR.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear sir,

1. If it is a case of mutual consent divorce, all you can do is to negotiate to the best of your / your lawyer's capacity. 

If she agrees, it's well and good, otherwise let her contest the alimony case in the court. The court will itself ensure that the amount of alimony is not exorbitant. It will take into consideration several factors like income of both the parties, living standard, educational qualifications, capacity to earn etc. 

2. If she files a complaint against your parents, they can obtain an anticipatory bail to be on a safer aside. These days police usually does not automatically arrest the accused persons (specially the parents). If the parents were not staying with you, it will further help your cause. You can also approach the High Court for quashing of the case against the parents if the allegations are absolutely frivolous. 

You can engage the services of a good advocate to defend you and your parents. If the allegations are false, nothing will happen except for the mental agony. 

Best wishes.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

There's no law mandating the husband to give one time alimony. 

You may refuse to pay and inform court that you can pay only monthly maintenance amount 

If she's giving false complaint you may obtain anticipatory bail and challenge her case properly in the trial proceedings. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Thw wife cannot demand what she will not be able to get. If she is being that much unreasonable the court will not grant her any relief. The coury may decide the alimony amount based upon your income in a contested divorce. She may state false allegations against them bit she has to prove them also. The court cannot sentence anyone baed upon allegations.

File for a quashing of charge sheet in case an fir is filed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Don't worry first u file complain against your wife. and send me complete case details. 

Adv Roshan Khatri,Lucknow

M No-[deleted]

www.khatrilawhouse.org 

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Alimony is decided on the spendings in marriage. 

Ask them for the proofs like bills etc of spendings

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

In most of the cases the demand of alimony is exorbitant and wife will not get that money only by asking until and unless it is agreed by the husband during the mediation and conciliation process.

please note that in the contested divorce proceeding any allegation which is labelled by wife can only be proved in the court by providing related evidences and definitely the husband will provide evidences to make himself innocent for any allegations.

You need to know that the alimony amount which is not agreed by husband can only be decided by the court on the basis the social and economic condition of both the families so any amount which is claimed by wife can not be entertained by the court if it is not agreed by the husband.

Please remember to rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. You need to contest the case by showing your minimum income and hide most part of your income.

2. You need to collect evidence for saving them and to get a separate accommodation for yourself and your wife before going for divorce petition. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- Only based on her greediness , court is not bond to fix alimony in her favour, and if she claims that your earning is more than your mentioned before the court , then she will have to produce the evidences for the same. 

- If she files a complaint against your parents , then your mother being a woman can also file a complaint under the provision of domestic violence act against her harassment  as well. 

- Merely allegation is not enough  , she your wife will have to proof the said allegation after producing witnesses in the support of her allegation . 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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