Take the defence that wife is highly qualified and can work 

that she has received x amount as permanent alimony from first husband and can maintain herself 

3) court can award wife interim maintenance of around 30 k if she is unable to maintain herself 

If she is not employed and do not have any source of income to sustain her expenses, the court may grant upto 25% of your take home salary.

Since it is her second marriage and she has already got a handsome amount towards permanent alimony, you may cite this in your objections to her maintenance case and can get the amount reduced to considerable extent.

The time taken for disposal of contested divorce case cannot be predicted owing to various factors involved in it and it may ordinarily take at least two to three years for disposal. 

There are two circumstances under which a wife is disentitled to receive any interim maintenance  during divorce proceedings…

1. When wife is able to maintain herself,
2. When husband offers maintain his wife on the condition of her living with him and she refuses to live with him.

There is third circumstance that is “wife living in adultery”  but I don’t think that is available to you, it is stated just for your knowledge. When wife is capable of earning but she does not earn, even than she is not entitled to receive any maintenance.

Considering your package, Court may order around 30K as maintenance pm. Alimony received by her is not relevant for computation of maintenance.

It is very difficult for a Court to pass a decree of divorce  when one of the  parties is opposing the  divorce. Law being in favor of women, try not to offend her as she has many options of filing 498A, dowry harassment etc. Engage a honest lawyer, you will win.

If she has got good amount of the permanent alimony from previous marriage and if you can prove this in the court then you do not have to pay much more amount. Maximum you can pay on time alimony to her 5 lacs not more than that.

1.  She has not asked for permanent alimony, she sought monthly maintenance only, hence you may challenge the same on the basis of the evidences in your support.

Even if she is filing a petition for permanent alimony, you may file an affidavit giving the details of your liabilities, based on which your take home salary or net income will be decided by court, after which to an extent of 25% of the arrived amount may be considered as alimony.

You can express your inability to pay permanent alimony and inform court that you can pay her the monthly maintenance amount as granted by court.

2. See the above answer.

3. There are various factors which are considered before granting the alimony or maintenance amount, most important is the affidavit showing your assets and liabilities. 

Court can grant 30 k as interim maintenance 

2) if there is change of circumstances you can seek modification of order of maintenance 

3) alimony is at discretion of court and depends upon your income ,wife income ,standard of living etc 

1)what will be permanent alimony granted to her? 
Answer: Depends upon how much she demands permanent alimony in the court.

On what basis court will fix the permanent alimony amount and can we deny perm alimony and pay monthly 

maintenance instead of perm alimony?

Answer: Your last withdrawn net salary or income and calculated assuming you are going to work till your age 60 years till that amount will be multiple. that sum amount 30% maximum is granted as one time alimony to her.


2)what will be interim maintenance granted till the divorce final?
Ans: If she could prove your net pay current salary in the court than 15K or 20K will be interim maintenance.


3)by end of next year i wont be working and plan of family business. Still the alimony will be based on my past salary?
Answer: No, than you have to prove that you are running business just started or you're unemployed.

1. As per SC judgment alimony will be ¼ of net income of husband x 12 months x life expectancy of minimum 20 years.
2. As she demanded 30k it will not be more than that.
3. Alimony will be calculated on your past income.

Dear client I am sorry to hear that but a divorce case may run up to 5 to 10 years or it can get resolved within few month. The time limit for a divorce case depends on case to case basis

- As per Section 125 (4), CrPC , No Wife shall be entitled to receive an allowance from her husband under this section if refuses to live with her husband, or if they are living separately by mutual consent.

- 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, in case the wife is equally capable to work and sustain herself then she is not entitled to claim maintenance from her husband.

- 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, you can mention in your reply that she is not entitled to get maintenance due to aforesaid reasons 

- However, if she is unable to maintain herself then she can get 1/4th of your income for her maintenance.