1) What is your net income ?
2) what is wide net income ?
3) if there is substantial difference in your incomes wife can seek alimony
4) length of marriage is immaterial
Hi, I have been married for 5 months now, however, we have not registered our marriage yet. Now, both of us are contemplating divorce, however, I am not sure as I am worried as the wife may ask for alimony post marriage. My question is: if my wife is also a working lady, is she still entitled for Alimony and can I also file for alimony too?
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1) What is your net income ?
2) what is wide net income ?
3) if there is substantial difference in your incomes wife can seek alimony
4) length of marriage is immaterial
Registration of your marriage is legally necessary under the Hindu Marriage Act. Unless it is done, you cannot sue your wife for divorce.
1) What is your net income ? 16.5 LPA 2) what is wife net income ? ? 2.4 LPA 3) if there is substantial difference in your incomes wife can seek alimony 4) length of marriage is immaterial
Your wife is entitled to seek alimony as there is substantial difference in your incomes
alimony is at the discretion of courts and depends upon your incomes ,standard of living ,etc
In any case, five months is too short a time in matrimony and no court will entertain your application now.
A marriage is dissolved only after completion of one year. Law requires some time to be given for adjustment of temperaments between wife and husband. Alimony is not a payment of expenses towards needs of life. It is compensation for tag of “”once married which woman carries through out her life. It is commutated pm income of husband and income of wife and her financial position is not taken in to consideration.
- If the said marriage was solemnized as per Hindu Custom , then even there is no registration of marriage , she is your legally wife.
- As per Madhya Pradesh High Court, No Interim/Maintenance for Capable, Working Women , but other side a working woman is also can claim maintenance /alimony from her husband , if her income is not sufficient for her maintenance as per her standard of living.
- Further, if she is not interested to live with you, then you can take her consent for mutual divorce, however the separation should be at least one year.
"The scope of Section 25 of the Act of 1955 cannot be constricted by not making it applicable to a decree of divorce being passed between the husband and wife….The provision of maintenance / permanent alimony being a beneficial provision for the indigent (needy) spouse, can be invoked by either of the spouse, where a decree of any kind governed by Sections 9 to 13 has been passed and marriage tie is broken, disrupted or adversely affected by such decree of the court.
Section 24 of H M A: Maintenance pendente lite and
expenses of proceedings. -
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner
the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.
Section 25 of the HM Act, which is the provision for permanent alimony and maintenance, reads thus:
“25. Permanent alimony and maintenance.-
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross
sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant the conduct of
the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under subsection (1), it may at the instance of either party, vary, modify or rescind any such order
in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
If your wife is employed and drawing a handsome salary you may repudiate her claim for maintenance on the proof of her gainful occupation/employment and the salary income details.
Even though your salary is much larger compared to her salary income, the salary income that she has would be sufficient to sustain her expenses
.
Therefore you may not entertain her claim for maintenance upon divorce on her application undr section 125 Cr.P.C.
Dear Client,
Since you earn more than your wife, you wife can claim alimony from you rightfully and however, the amount of alimony can be negotiated after divorce through mediums like mediation.
Thanks & Regards
Hi, If the wife is able to maintain herself then she will not entitled for maintenance. However in your case you are earning Rs 16.5 Lack per annum and her income is 2.4 Lack per annum. Wherefore, Normally the court will fix the maintenance on the basis of the husband income and his standard of living. On considering your income, your wife is entitled for maintenance.