Greetings!!! Hoping everyone is in good health and doing well.
May Allah bless you all.
I have one doubt regarding Alimony, my wife left me 4 years ago from my house can say like it was planned one by her parents., she also took my 50 days old son with her.
At first me and my family called her for solving the differences and start a new life with me but all the efforts gone in vain.
So I went to Muslim Kazi to help me to resolve my problem, even more he sent 2 notice to her family but we didn't got any response.
After a meet we realised that she and her family wanted divorce from me, at first everyone was in shock but we decided to provide her divorce... She wanted from court, so we filed the same.
Basically it was pre planned by her family to lay a trap for me, I didn't realised it until 4 years, and now we received a Alimony notice from her stating I need to provide
1. 15k rent
2. 3 lakh rent house advance
3. Maintenance cost 30k
So in total 50k per month
And also they mentioned I need to pay 50 lakh as penalty for not paying the alimony for the past 4 years. And 1.5 crores as life time alimony.
They mentioned few false points regarding my income as 3 Lakhs per month and I own many houses and bag rent from them.
In real my salary is less than 1 lakh per month and I don't own any property on my name.
Please guide me how do I defend my case and also let me know what is the alimony I need to pay as per Bangalore court order?
Your reply would help me a lot.
Asked 6 months ago in Family Law from Chennai, Tamil Nadu
claim made by your wife is exorbitant
2)you are not liable to pay Rs 1.5 crores as alimony
3)you have not mentioned whether your wife is working or not
4) if wife is not working she is entitled to alimony
5)considering your income as 1lakh per month court can call you to pay monthly interim maintenance of around Rs 25000 per month for your wife and kid
6) you have to deny all allegations that your salary is Rs 3 lakhs per month or that you own many houses in city
6) alimony amount is at discretion of court depends upon years of marriage , lifestyle , income of parties etc
First of all alimony and maintenace can't be ordered same time. monthly maintenance substinance allowance is ordered as one time is alimony.in short alimony is substinance allowance when a wife can't maintain herself,a according to her husband's living standards.
You are liable to maintain your child till the age of 18.
So under the existing provisions she has demanded such amount and you have to defend you on her faults.so ultimately her allegations of staying separate has to be refuted .
1.you have a defense that she left you on her own and refused to come.back.make.out allegations of cruelty against her.
2.alimony is ordered on the basis of your income and your assets are calculated for the purpose of your financial capacity.
Your family 's income has nothing to do in it.
So it is advisable you submit your salary details and income status.
Is your wife qualified ,if so submit proof,or her earning if she is working.
Yes if she stays separately she can ask for maintenance for herself and child ,but not as as she claimed..
Asking such alimony if you are not financially capable of that much is an extortion.
See the possibility of an amicable settlement where you can minimise the financial burden and end the dispute.if not fight it out
First of all you have not stated that whether the proposed divorce took place or not.
If the marriage was dissolved , then whether according Muslim personal law by pronouncing 'Triple Talaq' or how?
Under what provision of law or section of any act of law under which she has filed a petition claiming alimony and monthly maintenance ?
Whatever it is, what are the documentary proof has she filed before court to substantiate her claim about your income from salary and other sources?
Have you submitted any proof from your side before court to prove your salary or any other income?
You have asked to know what is the alimony you need to pay as per Bangalore court order?
Is there an order passed by Court on this subject? If so, what was the amount mentioned in the order and what was the basis?
Did you prefer an appeal against it?
If you provide answers for all the above questions, you can get more proper opinions and suggestions to come out of the crisis or else you may get general suggestions to fight it out in the court as per merits in your side.
She has only filed a case for maintenance in the court but her plea has not been countenanced by the court thus far. So you can contest her case on the ground that either she is self sufficient or she left the matrimonial home without a sufficient cause. If the lower court holds you liable to pay the alimony it may be challenged in a higher court.
Thanks for all the answers,
Would like to give more information on my case, she filled the case under "Petition under section 12 of protection of women from domestic violence act"
In that petition it has been mentioned that we need to appear in court on 11-July-2016 henceforth we went to Bangalore and appeared,
The court have asked us to reappear on 4-August-2016 again.
Our advocate pressurising us to pay and close the case, which even we felt is the right thing to do, however I feel he is supporting the other parties because he is not seems to guide us on showing proper proof and defend my case to bring down the maintenance value.
Please let me know what all the options I have, below are my assumptions
1. File a petition with income proof to defend her false allegations
2. Let the court decide the maintenance amount
3. I would decide to pay by month or life time and walk out
Any other options would be highly appreciated.
Asked 6 months ago
1) you must file detailed reply denying her allegations made in complaint
2) enclose your last 3 years income tax returns
3)court would pass orders on maintenance to be payable to wife and child
4) DV cases take 5 years to be disposed of
1. So it seems that summons has been issued to you. Engage a lawyer for your defence now. If you do not appear after service the court will proceed ex parte against you.
2. You have the right to refuse an out of court settlement. You can also engage another lawyer.
3. No petition for income proof is maintainable. Just contest her cases unless you want to settle it amicably.
First thing what you do is to look for a better advocate who can fight for your cause instead of asking you to budge to the pressure put by the opposite party.
2. You should not file any proof of your income, it is her duty to prove your income with the available evidences in her possession. In fact you can simply deny the income stated by her in your counter to the petition filed by her in the DV case agaisnt you people. Never admit any allegation made against you by her in her complaint seeking any relief. This is just a DV case, hence it is not compulsory that all the respondents have to appear before court on each and every date of hearing. Moreover the case is targeted against you alone hence you may even make the other respondents exparte to the case because all the reliefs are aimed against you only and not against the other respondents. You may also try to obtain dispensation of their personal appearance before court on the dates of hearing owing to their personal difficulties by filing a petition under section 205 cr.p.c.
2. You stoutly deny he claims about your income and do not reveal what your actual income is, let she prove it before court with documentary evidence and the court to decide about it.
3. It would be to early to decide about the situation, wait for the time to ripen for this situation when you can make decision accordingly.