• Wife asking alimony within one year of marriage

I got married with my wife on June-21 and this is second marriage for her,she took mutual divorce from 1st husband. Now she left house stating health issue (skin infection) in February 2022.now asking Divorce along with 25L money otherwise she will file cases against me and my family. I am private with 12L salary per year with no assests.

Does the court grant 25L alimony to her?
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Kindly clarify whether your wife is working or not 

 

2) if wife is highly qualified and working she would not get any alimony if there is not substantial differences in your incomes 

 

3) no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Take the plea that wife is highly qualified and can maintain herself 

 

if she files false dowry harassment case apply fir and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Hello - Without delay and without fail - secure a certified copy of the judgement and decree of her previous divorce, further on the basis of the above (notes) file a Divorce as soon as 1 year is completed, and simultaneously file a complaint in the nearest police station marking a copy to the concerned ACP/DCP about the blackmail - this woman seems to be the one who marries for Alimony. 

 

Best of luck .... 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

No court will grant it but study other parameters. Like her standard of living with you during marriage, your income, her present income etc. You can also object the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

She is used to court proceedings as she obtained MCD once. It is  better to settle with her without giving her any excuse for approaching Court. Once she visits lawyer, flood gates of legal tangle will open for you. Negotiate with her and go for MCD. She can file multiple civil can criminal cases against you and family. You will come clean but facing Crime proceedings  itself is punishment. She can also claim  alimony and maintenance  from you. Better to do it earliest. 

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

It is not automatic that the court will grant her alimony to the extent of Rs. 25 Lakhs.

She first has to file a petition seeking maintenance giving substantial reasons for living separately away from you and also she has to declare that she do not have any source of income to sustain her expenses.

It is her burden to prove your income.

No divorce case can be filed within one year from the marriage.

You can refuse to entertain her claim for maintenance or alimony.

Let she file the case and argue before court.

Don't be frightened by her stunts.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

This information is an added advantage to your defense.

You can present your arguments more strongly on the basis of the background facts.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You never worry about her threats . You will not entertain her claim for maintenance on alimony. A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. There are various factors that come for the consideration of the court while determining alimony.

A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him. Neglect, cruelty, ill treatment, impotency, extra-marital relationship, remarriage are sufficient grounds to justly separate living by a wife. The burden of proving this is on the woman. But when the parties are judicially separated or by an order of divorce their matrimonial relation is severed there is no justification on the part of a husband to compel his wife to come and live with him. The clause does not apply to a divorced woman.

A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.

If she file false case then contest the same .

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Dear Client,

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

Thank You

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, a well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Hence, she cannot claim alimony from you conditionally for giving divorce 

- If she is not ready for giving mutual divorce unconditionally then you can file divorce petition against her on the ground of cruelty and other mentioned grounds. 

- However, one year separation is mandatory for mutual divorce. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You didnt told that if you are also divorcee or it was your first marriage.

 

anyway, court will not grant alimony automatically. She have to fight for it. 

as per recent SC judgements, she might get 1 year of maintenance and then search job.

 

immediately apply for certified copies of her complete divorce papers. 

 

also there is chance that she will come down to 5/10 L for mutual divorce. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Sir,

Before she files any case against you get file a Divorce case within one year of marriage on the ground of health issue of your wife and seek a declaration to the effect that the marriage is null and void as she cannot lead married life due to skin infection. Thus, you may avoid giving any alimony to her. On the other hand she is a B.Tech graduate she can earn her livelihood very easily as such you need not give any alimony for her short stay in your house.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer