• Needs to apply Divorce

Hi, currently i am working in East africa and my wife said that, she wants divorce from me and the same i need. I bought a 45 lacs in Delhi with her name after marriage on 2021. she is telling that, she tell in court that she needs 2cr in alimony. right now she is pregnant with 08 months and we have a daughter of 5 years. she is well educated. she has post graduation degree from IGNOU university. she was doing job before marriage. how much alimony she will get after divorce and can i get my baby girl custody who is 5 years old?
Asked 5 months ago in Family Law
Religion: Hindu

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10 Answers

If wife is highly quailed and working she would not get any alimony unless there is substantial difference in your income 

 

2) wife may demand Rs 2 cr doubtful court would award her so much amount 

 

3) seek joint custody of your daughter 

Ajay Sethi
Advocate, Mumbai
94759 Answers
7541 Consultations

5.0 on 5.0

The best way for divorce, is to go through the mutual route. This way you've have the liberty to discuss and negotiate with her on crucial aspects such as settlement alimony and child custody. You are advised to open a dialogue with her for mutual divorce. if you are personally finding this to be difficult, take recourse to a mediator/lawyer. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) you can file declaratory suit that you are absolute owner of flat as full consideration was paid  by you 

 

2) wife will not get huge alimony demanded by her 

Ajay Sethi
Advocate, Mumbai
94759 Answers
7541 Consultations

5.0 on 5.0

- Since, you both are agree for divorce , then you can file a joint petition for divorce on mutual ground in India for getting divorce within a short period of time. 

- Further, as per law if wife is highly qualified then she cannot claim maintenance from husband after sitting idle. 

- Further, if the said house was purchased by your fund in her name , then you can become the  single owner of the said property after filing a declaration suit before the court after producing the proof of payment. 

- Further, you can file a petition before the court for getting custody of the baby if she has crossed 5 years of age .

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

Even though she is highly qualified but if she is not employed and has ascertained that she has no sources of income to meet her expenses, she would be eligible for monthly maintenance.

Her demand for one time settlement is not a legal provision, it is a matter of compromise settlement in the divorce proceedings if at all a situation arise. 

For child custody you have to file a petition under the provisions of guardians and wards act, getting custody will depend on how strongly you present your arguments and convince the court. 

If you have decided to give her divorce, then you can better choose mutual consent divorce and it is again your decision whether to accept her terms or reject it in respect of the one time settlement amount, and other aspects.

 

T Kalaiselvan
Advocate, Vellore
84954 Answers
2199 Consultations

5.0 on 5.0

Since you have bought the house property on her name by a registered sale deed in her name, the property legally belongs to her.

however if you have documentary evidences to prove that you have fully funded for the purchase of this property, you can file a suit for declaration to declare the title of the property to your name.

Insofar as the huge alimony amount demanded by her, you can always reject her claim, however the court may pass an order for monthly maintenance if she files a maintenance case either under section 125 cr.p.c. for her as well as to the children or under section 24, 25 of HMA. 

T Kalaiselvan
Advocate, Vellore
84954 Answers
2199 Consultations

5.0 on 5.0

Dear client,

Sorry to hear about your situation. As you mentioned that she is pregnant you will have to give me maintenance as she will not be able to work in last month of pregnancy. Further, as your daughter is 5 years of age court usually give custody of young ones to mother unless she is not fit. Till she does not works and gets on her feet you will have to give maintenance or alimony. The alimony cost depends on court.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

Dear client, 

Sorry to inform you but you will not get half amount of the house as it her on your wife's name.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

You need to file the custody petition for the same. You can claim your house by filing suit against her as you have bought the same from your money 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

hello,

the amount of alimony that you will have to eventually pay is subject to negotiations which will take place between the parties during the settlement of disputes. saying from my previous experiene yes, the amount asked for by you wife can be decreased significantly, as i have been able to do the same in cases i have handled before.

feel free to contact for any further assistance required, i will be more than glad to assist you in your peril.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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