• Alimony at the time of divorce

I have been married for 7 years. Recently my wife asked me for a divorce as we r not having any kind of relationship for last 4 years. She had initially agreed for a mutual divorce but when I got the papers prepared she refused to sign and asked for maintenance/ alimony. We don't have any kids. I m an officer in Indian Army at the rank of major and right now posted in a field location. She is occupying the government accn provided at home town. Last year I had taken a personal loan of Rs 15 lakh n given to her for setting up her business. I'm paying emis of approx ?47,000/- per month on the same. She has opened a beauty salon out of that money and it was inaugurated in December last year
My questions are
1. How much alimony/ maint money will I need to pay
2. If she refuses to sign on mutual consent on what grounds can I file for divorce
3. Her earnings in business are more than mine so do I need to pay her money
4. Will the court consider the money that I had given to her in setting up of business as alimony
Asked 7 months ago in Family Law from Dehradun, Uttarakhand
Religion: Hindu
1) you have already paid her substantial money to open beauty parlour . Court will consider money paid by you to run beauty parlour 

2) take photographs of beauty parlour run by her . Gather evidence of her income from beauty parlour 

3) since she is working she is not entitled to any maintenance 

4) you can file for divorce on grounds of mental cruelty 

5) refusal to have sex amounts to mental cruelty 



Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
If court orders you to pay her maintenance it would be for life unless she remarries 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1.An earning wife is not entitle to get maintenance from her husband.
2.However if the wife has no income she is entitle to maintenance at the rate of one third to one fifth of establish income of your husband.
3.The money you send to your wife to set up her business will be consider at the time of determining the maintenance.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Dear Querist
my opinion on your queries are as under:

1. How much alimony/ maint money will I need to pay
Opinion: as she is able to earn through her salon then she is able to maintain herself and there is no need to pay any thing as she is not entitle to get any maintenance.

2. If she refuses to sign on mutual consent on what grounds can I file for divorce
Opinion: based on cruelty and desertion you may file a divorce case against her before family court.

3. Her earnings in business are more than mine so do I need to pay her money
Opinion: no, she is not entitle to get any money.

4. Will the court consider the money that I had given to her in setting up of business as alimony
Opinion: it may be possible.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. She is entitled to maintenance if she is does not earn anything of her own to maintain herself and such maintenance amount is fixed by the Court which is normally in between 1/5th to 1/3rd of husband's net monthly earnings,

2. If she refuses to sign MCD petition, file a divorce petition on the ground of cruelty,

3. Collect copy of her ITR filed before the I.Tax department and/or other papers to prove her actual income. If she is capable of maintaining herself, she is not entitled to any maintenance from you,

4. No. That amount you have paid before filing the divorce suit. However, you can draw the attention of the Court to this fact and also that she is deriving income more than that of yours from her busyness funded by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Since she is earning, you may escape payment of maintenance to your wife,

2. Otherwise, the maintenance amount could be anywhere between Rs.18 K to Rs.30 K per month. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The amount of maintenance is to be decided by the court having regard to the lifestyle of the spouses, liabilities of the husband and educational qualifications of wife. Nobody can predict what it will be but ordinarily it is 1/3rd of net salary. However, you may successfully contest her claim if you can prove that she is earning on her own.

2. You may on your own accord file for divorce on the ground of cruelty if she does not agree to MCD.

3. The claim of maintenance cannot be set off against the money you gave her in setting up the business as maintenance is a continuous liability fastened on the husband. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
It has to be paid until she remarries.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. How much alimony/ maint money will I need to pay

There is no yardstick to measure the quantum of  alimony or maintenance amount, it depends on how each party present their cases  and merits on both the sides arguing for and against., 



2. If she refuses to sign on mutual consent on what grounds can I file for divorce

Desertion and cruelty shall be the grounds for a contested divorce if she is not accepting the mutual consent divorce. 



3. Her earnings in business are more than mine so do I need to pay her money

You can argue before the court with proper evidences on that issue stating that she is having a better economic background with good regular income hence her claim may be repudiated. 



4. Will the court consider the money that I had given to her in setting up of business as alimony

Yes, it is can be very well a matter of consideration before the court. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
What would be the maintenance need to be paid. My gross salary is 90,000/- pm. And for how long will I need to pay

Generally the courts decide on 1/3rd of take home salary or other proved income, but you have valid and strong reasons for repudiating her claim for maintenance, put up a tough and strong fight on it. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
423 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0