My wife has left home 1.3 yrs back and we have requested her to come back but she does not want to come back and demanding 10 lacs of alimony. She was at our home for 4 yrs but she used to misbehave always with family members which was not acceptable and we use quarrel sometime but that too rare. Please advice if we go to court for divorce how much alimony she can demand, we have already sent her advocate noticeto come back home and she replied with false allegations last month. My income : 11 lakhs per annum - net salary 70K per month (I am 30 yrs) Wife income : Zero (She is 26 yrs capable of working) Childs : No Kindly advice how alimony is calculated -Do i need to pay alimony even if she is asking for divorce without any major reason(she cannot prove dowry, or external affair or physical harrasment against us as she was treated well in our home with honour). Case is not yet filed only notices have been exchanged. Will judge consider that there is no major reason for divorce and refuse her to give Alimony? Can I show less salary so that she cannot demand more maintenance as i have borrowed some money from outside which i have return back?
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court will award her alimony at time of divorce . amount to be awarded is at the discretion of the court .
wife will also demand interim maintenance pending hearing and final disposal of divorce petition .
your income must be reflected in your income tax returns filed by you . hence you cant supress your income
1. The maintenance can be anything between your 1/3 - 1/5th income .
2. Reason of divorce has nothing to do with quntum of maintenance. If wife is unemployed husband is directed to provide maintenance for sure.
Mere capacity earn by the wife is no excuse either.
3. Court would consider the actual salary which ends at your hand.
1. Normally 1/3rd of your average monthly earning is directed to be paid to the wife towards Maintenance,
2. If the judge finds that there is no adequate ground for seeking the decree of divorce, he can reject the divorce petition but you shall have to continue to pay the maintenance to her,
3. Discuss with her amicably and settle for mutual consent divorce after paying her adequate compensation.
Dear Lawyers, Thanks for the above reply. I am earning 70K per month and 42K goes in home loan (took in Feb 2014) , Case for RCR is filed in June 2014? As informed earlier, Marriage duration : 4 yrs and no children 1. Should I show home loan to reduce my wife maintenance amount? She is likely to file for maintenance in next hearing. 2. I have not informed my wife about the home loan. Property is in my name only (i have added my mother name as first applicant but she has not contributed any amount to it). Can my wife claim over the property? 3. I came to know that my wife is doing job and earning Rs- 8000 per month but she is not getting any payslip or there is no income tax return filed. How can I show her income as after getting some evidence via detective agency (photos/video where she is working), she can resign and ask the judge that she is jobless now. Will judge agree to her point as the employer can also say that she has left the job. Please provide your views on property rights and job evidence.