• What is the alimony applicable for wife if husband income is 65K

Hi Sir,

I am husband party.I want divorce from my wife because of below Reasons:
1. Wife has denied me proper sleep and food. Every day quarrelled with me during Dinner and at sleep .Also, my wife suspect my character. Fight is mainly because I am care for my parents. I need to care my parents being their only son.But, she wants me to separate. Are there any law to protect the rights of old people?

I have sufficient proofs in form of videos which proves that my wife want divorce and she only quarrel and not me.She also stated that she was not happy with marriage and only forced by her dad. Sufficient video and audio proof available. Also, video recording is there to prove she hates my parents and want them to die.

I get around 60-65K after tax deduction.

What is maximum compensation that can be asked by my wife's family after considering that sufficient proofs available to prove that I suffered severe mental torture from my Wife and her family?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) is your wife working ? what are her qualifications ? how many years since you have been married? 

2) alimony to be awarded is at discretion of court . it depends your income , years of marriage, life style of husband  etc.

 the amount of alimony to be paid cannot be fixed by law as it varies from case to case; the most important aspect is to maintain a balance while deciding the same. In divorce cases, the courts must factor in the wife’s status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort considering her status and mode of life she was used to when she lived with her husband. 

3) in your case  the court may award lumpsum payment of around Rs 15 lakhs .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. as such there is no mathematical formula to calculate the amount of alimony which may be granted by court to wife.

2.every case has its own merits and thus courts grant alimony as per merits of each case.

3.normally courts grant 1/3 of salary of husband as maintenance if wife files petition for it in court.

4. custody of babe girl will remain with her mother till she is 5 years old.

5.you can file divorce case on grounds of mental creulty in court.

6. such divorce cases go for about 4/5 years in court.

7. go for MCD if ur wife agree for it, as it takes only 6 months to get court divorce decree.

8. one time alimony amount include the expenses of kid also.

9. must execute agreement for alimony stating all terms and conditions clearly.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Your wife's conduct amounts to mental cruelty which is a ground on which you may file for divorce. The video recordings which you have in your possession will be of tremendous help to you in the court. So they should be submitted as proof.

2. The amount of compensation which she can get would depend largely on her qualifications and employment status. If she is unemployed then she is entitled to alimony from you, which she can cull out through court. Fixing the amount of alimony is entirely the discretion of court, but the discretion is to be exercised in a manner which preserves the course of justice.

3. As regards the custody of your girl child, if no agreement is reached between you and your wife as to the custody of your child, either of you can file a case for child custody to claim the exclusive custody of the girl child.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Since your wife is not earning court will award her alimony, but you can defeat her claim or bring down the amount to be awarded to her by showing that she alone is responsible for the turmoil in your marriage. To this end the recordings will be of some help to you.

2. The court will award a monthly financial support to your wife which may extend to 25,000/- month is view of the fact that your take home salary is 60-65 k. Support for your child may or may not be included therein as the court has to take into account the needs of your child and then arrive at a realistic figure. If a lumpsum amount is given it will include the daily expenses, educational expenses and medical expenses (if any). 

3. If no agreement is reached between you and your wife as to the sharing of custody then you may file a case for exclusive custody of your child.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
In addition to above, it may also be mentioned that your wife may file dowry charges against you in order to cull out a higher amount from you. If and when she does that, file for bail immediately.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) contested divorce case take around Rs 5 years to be disposed of . 

2)since your wife is not working and you have young baby court will consider said fact while determining maintenance . pending hearing and final disposal of petition court may award your wife Rs 20,000 per month as interim maintenance . 

3)the alimony figure mentioned is a rough estimate . court may award higher or lower amount . 

4) it is better you mutually negotiate and arrive at a figure so that you can file for mutual consent divorce
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
dear client, in yur case your wife is entitled for maintenance. better you go for MCD & PAY HER LUM SUM if she agrees. otherwise with the evidence you have  you will get divorce single party if she is not agreeing for same. maintenance may varry but it may in between 15 to 20k
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Amount of alimony can not be predicted before hand since it is completely at the discretion of the Court. There is no formula to decide about alimony. However, while deciding about alimony, Court takaes in to account the life style of the wife/couple, duration of marriage, husband's income etc.,

2.  If you file a divorce case, it will take anywhere between 4 to 10 years & your wife will become tired of attending the Court,

3. Propose her mutual consent divorce which will be over within 6 & 1/2 months.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. In the meantime she can file DV case and claim maintenance for herself and her kid,

2. Normally 1/5th to 1/3rd of monthly net income is directed to be paid by the husband towards  maintenance to his wife and kid,

3. You can also file an application for visiting right for visiting your child, after divorce application is filed.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
You must give  1/3 of your total income as maintainence for your wife.if you give proof of loans or other expenses you can get the same reduced.or try for one shot settlement by giving one time alimony and settle the issue
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
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. 

You have a baby girl, so her expenses will also be included with alimony for your wife. after considering all facts and circumstances court should fix near about 15000 rs per month or maximum 1/3 rd of your monthly income as an alimony.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Lump Sum maintenance can only be fixed by parties amicably when they go for mutual divorce. Court while granting maintenance passes monthly maintenance order except in few cases when it grant divorce in favour of the wife.
Mutual divorce is to be done before the District Judge only, not before the Magistrate.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1) application for divorce before mutual consent is to be made before Judge in Family court . 

2) in consent terms to be filed before family court you can amicably determine amount to be paid to your wife towards alimony
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. If you want to pay one time compensation for getting mutual consent divorce, talk to your wife and arrive at an agreed camount,
2. Court will not decide on the said agreed amount of one time payment,

3. The MCD shall have to be filed before the District Judge or Judge of Family Court, not before any Magistrate.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. If you wish to pay in lump sum then you and your wife are at liberty to agree on a figure irrespective of what the law commands. The court would put its seal of approval thereon without asking you a question. The amount will have to be clearly mentioned in the affidavit to be filed.

2. Mutual divorce is sought from the district court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Maintenance awarded cannot be punitive. It should aid the applicant to live in a similar life style she/he enjoyed in the matrimonial home. It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.

You have two liabilities, first maintain your wife and take full care of your child.  From the various judicial precedents, these 11 factors which are to be taken into consideration while deciding alimony :-
1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant's liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant, additional maintenance for child ( if any).
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non applicant to defray the cost of litigation.
11. The amount awarded under Section 125 Cr.PC is adjustable against the amount awarded under Section 24 of the Act.

So it is discretion of the court to decide appropriate alimony. It would be 15-20 k per month.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
a. lump sum alimony could be around Rs.10 to 13 lacs.

b. MCD is file in district judge court and it takes only 6 months to get divorce decree.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
under your circumstances til now you should negotiate amount of alimony with your wife then file divorce suit in the family court with all condition negotiated mutually case of dv with mutual consent is prefered in your situations.whereas court has its own disscreation while deciding maintenance to wife but definately court considers status;income'and liabilities while deciding maintenance.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0

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