The spouse side is asking for 20 lakhs as an alimony. I get a salary of 70k and have 02 dependent parents and an unmarried uncle and aunt to take care of. Additionally an amount of 11000 is being deducted from my salary as a car loan installment for next 7 years.we dont have any kids. I or my parents have no immovable property on our names. I have a bike (avenger 2011 model) and a scooty (which we purcahsed for my wife, i am ready to give that to her) only. I have only one fixed deposit of 20000 on my name. So i would not be able to afford 20 lakhs as an alimony. Pls advice as to how much should be the feasible amount as per law. What should be the course of action if no agreement is achieved on alimony?
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I have conveyed it to them that i would not be able to pay 20 lakhs and they have tried telling me that they would also consult a lawyer and the case may be made into dowry harrasement.Would it be possible to file an affidavit stating that the sides have agreed for mutual divorce but alimony has not been agreed to. Both the sides wouls submit their income and liabilites statement and then the amount of alimony may be decided by the court?
1. While deciding the quantum of alimony to wife the income of husband is well taken into consideration along with his expenses also.
2. So in defence you can project your expenditure to show balance disposable income at your hand.
3. In the present situation i do not find that given your 70K income along with huge expenditure she is not likely given maintenance @20 k.
Thanks a lot sir for the info. If an agreement is not reached on alimony should i file a case of divorce from my side. Further, if they again threaten me that they might make it into a dowry case,should i file a police complaint?
Yes,you can do so.
Yes then you can file a divorce case
considering your salary and dependent parents demand of Rs 20 lakhs is exorbitant
2) you can say that you will pay her Rs 15000 a month as maintenance .
3) express your inability to pay lump sum amount
when you file for divorce by mutual consent then consent terms are enclosed to divorce petition wherein amount of alimony is mentioned .
court would not decide alimony amount in MCD
1) file for divorce on grounds of mental cruelty
2) record their threats
3) file police complaint of extortion against your wife and in laws
Pls advice as to how much should be the feasible amount as per law. What should be the course of action if no agreement is achieved on alimony?
You do not have to budge to any pressure of exorbitant alimony demand.
There is no law to fix the quantum of alimony or maintenance.
It will depend on the convincing evidence submitted by both the parties before court and arguments made for and against.
Therefore you may prepare grounds and rely upon some substantial documentary evidences supporting your pleadings to reject her alimony demand, you may be in touch with your advocate on all such further issues.
I have conveyed it to them that i would not be able to pay 20 lakhs and they have tried telling me that they would also consult a lawyer and the case may be made into dowry harrasement.Would it be possible to file an affidavit stating that the sides have agreed for mutual divorce but alimony has not been agreed to. Both the sides wouls submit their income and liabilites statement and then the amount of alimony may be decided by the court?
Dont do the mistake of submitting your details before court.
It is her responsibility to prove her allegations and your income with documentary evidences for her claim.
If they threaten to slap dowry harassment case, you may ask them to proceed, you can challenge the same on merits becasue it would be an after thought false case which can be confronted properly.
There is no need to accept their exorbitant and unjustified demand.
Be stubborn and firm on your stand to not pay them even single penny if they harass you beyond tolerance level.
Sir my parents are in bareilly and i am staying in viskhapatnam. If they file an FIR and invlove my parents too how would we come out of it?
Where Is your wife living
Your parents can apply for and obtain anticipatory bail from sessions court
Contest case on merits
You can take AB for them on coming to know about the FIR and then ask them to visit AP for getting enlarged on regular bail.
Sir i am an officer in Indian Navy. If the spouse side files a false case of dowry harrasement, and launches an FIR ,is my job at stake? What happens if i am not granted AB from sessions court ?
Generally disciplinary action is not taken by the department in matrimonial dispute unless and until it is a threat to the image of department.
Also if the FIR is lodged in UP then there is no provision for AB, as there is no provision of anticipatory bail in UP.
Regards
your job is not at stake
2) you can apply for and obtain AB from sessions court
3) if sessions court rejects your AB then you can file application in HC for AB
Officer of Indian Navy is a protection to you in such cases.
Your advocate will take care of AB issues based on your employment.
In general the bail plea of defence personnel are not getting rejected until the crime is heinous