About monthly Alimony amount
I am from Porbandar. I am male and my name is Rahul.
A case has been filed on me under section 154 or Cr.P.C., Sections 498A,114
I want to know about monthly alimony/maintenance. My wife has demanded huge sum of alimony/maintenance per month which is 75% of my salary. My monthly income is around 1 Lac.
I am doing job at a private mechanical company in Porbandar. Since it is a private company, there is no security of job.
My wife doesn't want to stay with me in case my mother stays with me and I cannot leave my mother because she is aged and she has some health issues. Because of this, my wife has implicated my mother in this case and she has done FIR on my mother as well. The sole reason is money. The court case is going on. There are 2 cases one for domestic violence (after so much mental provocation she did to me and small physical violence to me as well) and second for alimony.
My wife is a house wife and we have a daughter only having 5 years of age. My wife is commerce educated and can earn 10000 per month as per her work experience and she is now living in a small town in Surendranagar with her parents and their parents are settled.
The fact is wife does not want to stay with me because my mother will stay with me and I have proof of that. I have offered my wife that she can stay with me even after so many quarrels earlier.
Question 1) Can this be a basis of there will be no alimony I will have to pay? because she herself is not willing to come?
or Question 2) how much alimony per month I will have to pay given below factors
Mother is dependent
Wife is not ready to stay with me (and quarrels a lot blaming my mother unnecessarily)
My monthly rent of 10000
My daughter is with her and 1st year in school
My monthly expenditure is 10000 for food, petrol, mobile in Porbandar
My monthly EMI is around 32000
Wife can herself earn 15000 as per her work experience (but she purposefully does not want to work because of alimony)
Wife living in small town in her parent's home with no rent and settled family
Question 3) To repair my home I took loan of 10 Lac. after the case started but this was necessary. Can this EMI be considered as my fixed monthly liability to reduce the monthly alimony?
Question 4) The case has been started for last 1 year, will I have to give alimony since the starting date of the case or from the month, when the judge decides the alimony amount?
Question 5) There is no case going on for my parent's property but can wife demand share in property? My wife has stayed for only 2 months at my parent's home in total 5+ years.