• Permanent alimony or maintenance

How do we calculate alimony?

Wife filed for divorce on ground of physical and mental cruelty. I stayed with her for 3 months. My age is 32 and her age 31. We have no child. divorce case was filed on 9th month that is after 6 month of marriage on ground of cruelty and desertion. She filed numbers on false cases after 10 months from the date filing of divorce. I am a govt servant. If divorce granted in my favour what are things taken to be in consideration for deciding alimony?
Asked 2 years ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu
1) you cant file for divorce until expiry of one year of your marriage except in exceptional circumstances . 

2) it is  better you convert the existing petition of divorce into petition for divorce by mutual consent . contested divorce cases take  5 years to be disposed of 

3) for grant of alimony court takes into account your income . , your life style . whether your wife is working or not , conduct of parties and what court feels is reasonable amount .tha age of wife , period of marriage is also considered by court while determining alimony to be paid to wife
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
It's advisable to file divorce case with mutual consent but in the case of cruelty case can proceed. Whereas, maintenance depends on amounts in proportion to husband's income and status while wives if employed and according to her status may get less maintenance or if capable even very less amount of maintenance.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. How could you file for divorce in the 6th month of your marriage when the law commands that you cannot file it before a year from the date of marriage? Has your divorce petition been registered by the court? Has the court given any finding on filing of the divorce prior to a year?

2. Divorce has no co-relation with alimony. Your wife may cull out alimony from you even if you succeed in getting divorce from the court. Many factors such as the income of wife, income of husband, the period for which marriage subsisted and liabilities of husband are to be kept in mind by the court while deciding the legitimacy of the claim for alimony and also the amount to be fixed. If your wife is earning then she is not entitled to claim financial support from you.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You may file for divorce by mutual consent if your wife is willing to end the marriage. Mutual divorce is hassle free divorce and materialises within 6 months.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) The court looks at the spouses gross income and reduces it by subtracting all mandatory deductions to come up with the net income.in your case income tax would be deducted to determine your income on basis of which alimony would be determined by courts 

2) since your marriage has lasted only 6 months and your wife is also young court would not award her substantial sum considering your income . 

3) court can direct you to pay alimony monthly or   lump sum payment at time of divorce . 

4) there is no difference between permanent alimony and permanent maintenance 

5) the Supreme court has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or  affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
Dear client,
He can not succeed in his case of divorce .If  you want divorce make necessary efforts to settle the matter amicably through negotiations and bargain. You can demand alimony amount as you desired. Now a days 20 lakh to 30 lakh rupees is common among the society under the head of alimony.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. You should petition for divorce on mutual consent on the ground that you have been living separately for a period of one year or more, that you have not been able to live together and that you have mutually agreed that the marriage should be dissolved.

2. Living separately for a period of one year is essential ground for this petition. 

3. Before filing this petition you should take necessary steps by engaging some elder members of both of your families that divorce on mutual consent is the fit remedy.

4. Amount of maintenance is decided on the basis of her living standard and your capacity to maintain her. This is lasting up to the remarriage of your wife or your divorced wife herself capable to maintain her. In your case it is likely that period of maintenance will be short.

5. Don't afraid and try to keep yourself calm, it is necessary for the amicable settlement of your relationship.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
1. Your Divorce petition will be rejected if it has been filked before completition of one year of marriage,

2. If, after completition of one year of your marriage you refile your divorce application on accepatbale ground, she might contest it and ask for permanent alimony which will be decided by the Court taking in to account your income, standard of living, duration of married life etc.,

3. Maintenance amount will depend on the Court which normally fixed at 1/5 th to 1/3 rd of your net income,

4. Permanent alimony is the amount taken only once for maintenance of the divorced wife whereas maintenance is the amount to be paid on monthly basis by the husband before, during and/or  after getting the decree of divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
Usually 1/3 of your total income will be the maintainence amount. You can give proofs of loans and prove that take home salary is 20,000 and must be considered on the same.alimony is fixed as one time maintainence in lumpsum.it will be decided by court on terms of your income
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
No court will entertain any divorce petition before completion of one year.

Following are the factors considered during maintenance in India,
1.The wife's financial needs
2. The husband's ability to pay
3.The age and health of the parties
4.The standard of living the wife became accustomed to during the marriage
5.The length of the marriage
6.Each party's ability to earn and be self-supporting

Following are the factors considered during alimony in India,

1.The amount and duration of alimony generally depends upon how long the marriage existed. Marriages that lasted more than 10 years are entitled to be granted a life long alimony.

2.Age of the spouse is also taken into consideration while awarding alimony. Normally a young recipient of alimony gets it for a short period of time if the court thinks that he or she will soon be able to become financially sound trough prospective career excellence.

3.Alimony is also in vogue in order to equalize the economic condition of both the spouses. The higher earning spouse is entitled to pay a heavy amount as alimony.

4.The spouse who is projected to be enjoying a prosperous career is liable to pay high alimony amount
.
5.If one of the spouses is suffering from poor health, the other is subjected to payment of high alimony to ensure proper medication and well being of the other spouse.
Adryan Gonsalves
Advocate, Mumbai
3 Answers
0 Consultations
5.0 on 5.0
1. Your divorce petition is likely to be dismissed as it has been filed before a year, albeit this will not affect the right of your wife to get alimony from you.

2. None of us can foretell what the exact amount of alimony or maintenance would be. The courts cannot adopt a rigid approach while fixing the amount to be paid by the husband. While calculating the amount the court has to bear in mind the gross income of the husband and then deduct therefrom all the liabilities to be discharged by him. This is the test followed in pith and essence by the courts.

3. The duration of marriage is also a relevant factor to be considered by the court. Your marriage is not even a year old, so the court would not award a substantial amount to your wife. 

4. The age of your wife will also be taken into account by the court. Since she is just 31 the court would not award her an amount on the higher side if she is well qualified to make a livelihood for herself. 

5. Your conduct during the time the marital bliss was enjoyed will also be taken into consideration. Her conduct will also be considered. 

6. The amount will be fixed after considering all the above factors in a cumulative manner. 

7. Permanent alimony is payable at once whereas maintenance is paid on a monthly basis.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Only Mandatory deductions will be count/consider in maintenance or alimony cases, PF/Home Loan/Personal Loan/Vehicle Loan or any other deduction may be count as an investment or saving.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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