• How to prepare for maintainence

My family is looking for Arrange marriage. I am earning approx 5 lakh per month and savings of 1.5cr.

I will probably marry someone with salary 1-2lakh and with educated and financially stable parents.

In case things go south,
- Will i still need to pay alimony or maintainence?
- What can i do to protect my assets better?

PS: Reading on quora and reddit, i am very scared of getting married. Is things really that bad for male? I am having anxiety attacks?
Asked 2 years ago in Family Law
Religion: Hindu

11 answers received from multiple lawyers

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11 Answers

Since there is substantial difference in your incomes  court would award your wife

maintenance 

 

don’t purchase any property on your name 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

- As per Supreme Court , a working woman can also demand maintenance from her husband 

- However, if her income is sufficient for her maintenance accordingly her standard of living , then she cannot get any maintenance from her husband. 

- Further, as per law, a wife having no right to claim over the property of her husband and in-laws during his life time, except she has residential right from her husband. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Your worries are unnecessary.

Not all the marriages end up in court or in any cross roads.

If you plan to marry a girl earning equal to you if not more than you then you can be assured that your spouse will not be eligible for maintenance amount from you.

Besides it is a wrong information that the laws are women friendly.

Law is common to all even though law provides solutions to the victimized women.

So you can change the mindset and await a happy married life.

Shed away your imaginary fears about marriage 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

Dear client,

  1. As per Section 125 of Code of Criminal Procedure, 1973 you have to maintenance only in cases where your wife or parents are not financially stable. 
  2. To protect your assets you can make a prenup and ask your to be partner to sign the same so that in case if you both decide for divorce in future your assets will be saved.

Hope this helps you.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

There is no way you can plan the same in advance as prenups are not legal in India 

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Since there is substantial difference in your income wife may get some maintenance 

 

court will consider your savings also in determining maintenance 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Yes it will be considered. You can oppose her maintenance on basis of her income

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Dear client,

I understand your concerns. In the context of an arranged marriage in India, there are legal implications regarding financial matters, especially in the unfortunate event of a divorce.

In India, the court may order maintenance or alimony to be paid to the spouse who lacks sufficient income to sustain themselves post-divorce. The amount is typically determined based on various factors, including the standard of living during the marriage, the earning capacity of both spouses, assets, etc. The disparity in income and assets between you and your potential spouse may influence the court's decision. A prenuptial agreement could be an option to protect your assets. While not very common in India, it's gaining recognition. It's crucial to draft it carefully and have legal assistance to ensure its validity. A prenup can specify how assets and income are to be divided in case of divorce. During divorce proceedings, both present salaries and assets (including savings) can be considered when determining maintenance. The court may take into account the financial standing of both individuals to decide on alimony.

It's natural to feel anxious, especially considering the stories you might have read online. However, every relationship is unique, and legal precautions can be taken to safeguard your interests. Open communication with your potential spouse about your concerns and the possibility of a prenuptial agreement can also help address worries. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Her income is not very low and with her given income she can certainly maintain a luxurious life if she has no personal commitments or liabilities or dependents to take care.

This issue can be solved only during trial proceedings, hence there is no point in seeking any advice now itself, because you will get proper solutions when the situation arises.

However there is nothing to be worried as you appear to be. 

 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

- Your present Salary only will be considered for maintenance and not the investment 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Is she still eligible for maintenance? 
Yes, because of the disparities in your incomes.

Will our savings also be considered for maintenance or only present salaries? 
Yes, all your assets and liabilities will be considered before grant of any maintenance.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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