• Regarding alimony

Dear Sir / Madam,
I am married since March 2007 and have not children in my matrimony life.
Due to several issues I had applied for divorce on Nov 2015 and 2 hearings has been completed where nothing has been happened.
Now, my wife has sent a mail to his advocate with her complete requirements to go for Mutual consent.
But the claim is very huge such that she want to get everything from me leaving me alone like a begger. ( She is asking for all the earnings that I have done for the past 14 years).

Below are her request,
1, House owned by us jointly on 2008 -- I am the only one who is paying the complete EMI but the property is registered in both of our names.
I have paid till date 34lakhs as EMI and Part payments and still 17 lakhs is outstanding.But she is asking me to close the entire loan ( outstanding amount 17 lakhs to be closed by me) and then register the house in her name with out any share for me.

2. Have built in a house in my home town before my marriage for which she is not even involved in any means, she is asking for 50% share. One floor of the house need to  be registered in her name.

3. For her future expenses, she is claiming me a lump sum amount of rs 1 crore to be deposited to her account.

She is working for an MNC and she is earning 65000 INR ( Take home).

In this case where I don't have any child and EMI is also paid my me, do I need to provide her alimony.

Please let me know on your thoughts at the earliest.

Thanks.
Asked 8 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) working wife is not entitled to any maintenance . 

2) she is earning decent salary . 

3) refuse to bow down to blackmail tactics . 

3) file declaratory suit that you are absolute owner of house as all EMIs are being paid by you 

4) wife cannot claim any share in house in your home town as she has not paid any consideration for same 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
The amount she as asking for surely astronomical and I find no reason for you to agree on this .
Refuse this offer and carry on with your case for another one year and find the offer to come down to half of what she is claiming now.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Hi, For mutual consent divorce if the both the parties are agreed for  the terms then only both of them are proceed further.

2. As far as maintenance is concerned your wife is working and she is earning more then 65.000/- per month so she capable of maintaining herself so you need not pay any maintenance to her as per the judgments of the various high Courts and Supreme Courts.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. In the divorce petition, the Court may direct you to pay compensation if you are found to be seeking divorce without any fault on her part,

2. Since she is earning, she is not entitled to any maintenance from you,

3. However, it will be prudent on your part to negotiate with her and settle for an acceptable amount of compensation to be paid to him for her signing the joint MCD petition,

4. Pay only 25& of the agreed amount of compensation while jointly filing the MCD petition and balance 75% at Court premises on the day of the 2nd motion to ensure that she does not get any chance to run away with the compensation paid by you and rfuse to appear on the final day claiming more money towards compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hello,
1) You are not obligated to accede to all her demands that are unreasonable in order to obtain a divorce by mutual consent. Although she has not paid the EMIs in the jointly owned house she can stake a claim for 50% share in the joint property if it has to be disposed of even if she is contesting the petition you have filed.

2) She has rights to claim anything in the properties that you have acquired either prior to or after your marriage. Therefore she can not succeed in her claim for 50% share in the house you have built in your home town.

3) If she has a take home salary of Rs.65000/- she is indeed capable of maintaining herself and is not entitled for any alimony as alimony is not any right per say.

4) As a matter of fact agreeing for a divorce by mutual consent will save you a lot of trouble in terms of time and money. Therefore put forth your proposal and what can afford to settle the matter amicably and if that is not agreeable let her contest the case.Do not show haste in making any decisions.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
In MCD the spouses alone get to decide if alimony is to be paid, and if yes the quantum thereof. If MCD does not materialize then she may file for maintenance, which claim you can contest on merits as she is employed and earning on her own. Your liabilities are to be taken into account by the court while fixing the quantum.
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0
1, House owned by us jointly on 2008 -- I am the only one who is paying the complete EMI but the property is registered in both of our names.
I have paid till date 34lakhs as EMI and Part payments and still 17 lakhs is outstanding.But she is asking me to close the entire loan ( outstanding amount 17 lakhs to be closed by me) and then register the house in her name with out any share for me.

This is an unjustified and atrocious demand, do not pay the loan repayments. Let the bank bring it to auction and see what she does then.
Since the property is jointly registered, she is having equal liabilities towards the repayment, ask her to repay the loan equally with you and claim 50% share in the property or else you may say that you are going to stop the repayments and the consequences are to be faced. 



2. Have built in a house in my home town before my marriage for which she is not even involved in any means, she is asking for 50% share. One floor of the house need to  be registered in her name.
She has got no rights in it, refuse her demand and tell her that she cannot get even a handful of mud from it legally or otherwise.




3. For her future expenses, she is claiming me a lump sum amount of rs 1 crore to be deposited to her account.

Refuse paying her even a single penny because she is also employed and she is not eligible for maintenance nor one time settlement.  there are various judgments to repudiate her claim. 

Do not budge to her pressure.  If she is not coming to mutual consent divorce terms, you may proceed with contest divorce itself on the basis of merits in your side. 



T Kalaiselvan
Advocate, Vellore
13906 Answers
127 Consultations
5.0 on 5.0
1) dont stop paying EMI . if you stop paying EMI bank will take recovery proceedings against you .

2) it will ruin your credit score with CIBIL 

3) you should file declaratory suit  that you are the owner of the house as all EMI are being paid by you 

4) as long as she is your wife she has right to stay in matrimonial home . you cannot get eviction order against wife 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1. Your CIBIL score will be spoiled if you stop EMIs, which will make it difficult for you to obtain loan in future,

2. During the subsistence of marriage you cannot evict her from the property.
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0
1.	As suggested, Can I stop paying my Home loan EMI from now? If Yes, what would be consequences I will face with respect to my Credit Score with CIBIL. I have never made even a single default in my home loan / credit card payments etc till date. But with this if I stop paying my home loan EMI from now to make my wife pay the EMI (As a co-applicant),  will this  lead to any black mark on my credit score in future.
If yes what need to be done when I am in need of a loan in future. Will I be able to get a new loan when required.

As rightly understood by you, this default may affect your CIBIL score too.  However if the property is brought to auction and the bidding amount after adjustment remains surplus, the bank may not inform or report CIBIL about this. 





I have moved out of my house since Nov 2015  and still the EMI is paid my me (From Sep 2008 till date). But my wife is staying in the house with her parents and enjoying the benefits of the same as I am paying the EMI.
So please do let me know as whether Can I opt for getting a Stay order from court for asking them to vacate the house and not to occupy until my divorce case is settled.

Since the property is jointly held by her also, you cannot ask her to vacate nor you can approach the court  for the same. 
You can stop paying the EMI and let the bank take its own course of action to bring the property into auction sale. 
T Kalaiselvan
Advocate, Vellore
13906 Answers
127 Consultations
5.0 on 5.0

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