• Is alimony mandatory even wife agrees for divorce and educated having business

A couple of months back Wife logged FIR with IPC(498a ,504,506)& mentioned i have done cruelty upon her due to my affair use to harass Wife Physically, mentally & emotionally.
We have 8 years if marriage, I stayed with my wife for 6 years & past 2 Years staying away from her with my Mother at rented flat.
I have applied for Divorce post her FIR & my wife lawyer is saying Wife wants 50 lakh rupees.
Recently in front of Marriage counselor when we appeared both said we want divorce & that time Wife said she spent 45 lakh on me past many years
of which there is no evidence for sure. Hence she wants 45 lakh as alliemoney .
My monthly take home after all deductions Net Pay is around 1 Lakh.
I also stay at the rented house & have a car loan plus ailing Mom whos dependant on me.
My Wife has mentioned & agreed in court she has her own business with her sister as a partner of rented Shop selling garments etc.
Her monthly shop rent is 2 lakh 75 thousand plus pays 18 thousand so works.
Her earnings from the Business is not known to me as she mostly deals in Cash more than 60-80%
Wife is post graduate & stays at her Moms home which is also prime location.
We don't have any liability(No Kids) her age is 37 & my age is 40+
I have paid 4 lakh to her business(when I use to stay with her) which will be 5.50 lakh by now including interest.
Marriage years: 8 years & Separation years: 2 years
Due to FIR my work life is disturbed & my growth prospect is hampered as I cant apply nor go abroad even being in IT firm.
Wife created lots of mental torture on me by blaming me on false allegations of an extramarital affair and by staying with her mother most of the time

# My Questions: 
1) How much Wifes entitled to get as alimony as she is asking for 42-45 lakhs and saying she spent that much amount behind me but don't have any bills or evidence for that. 
2) How much court will ask me to pay if Wife does not agree with my figure (5 lakh) 
3) If I do negotiations hard how much I should quote the best & safe figure 
4) Is alliemoney mandatory in my case also?
5) If i win my FIR case can i wave off my allemoney by telling court about her false case if i win
6) Wife is not in mood to stay with me but wants 42-45 lakh as settlement for Divorce. 
7) If she decides to Fite how long this case will go on.
8) How & who can mediate between both parties to come to some conclusion
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

Dear Sir,

1.How much Wifes entitled to get as alimony as she is asking for 42-45 lakhs and saying she spent that much amount behind me but don't have any bills or evidence for that. Ans: Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife.

The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If she live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

she get total compensation of Rs.1 Crore Rs.20 lakhs.

 

2.How much court will ask me to pay if Wife does not agree with my figure (5 lakh)

Ans: How much alimony does a wife get?

The amount to how much maintenance to wife in India is not fixed and differs with each case. The amount is decided by the court, keeping in consideration all the relevant factors like husband’s earnings and property, expenses, dependents’ needs, liabilities, wife’s earning and property ownership, and conduct of both the parties. There is no specific formula or method of calculating the maintenance amount. 

Generally, the amount of maintenance for a divorced wife is calculated as one-third of the husband’s salary, provided that the wife stays single and does not indulge in any romantic relationship. 

The court can order the husband to disclose his salary, IT returns, insurance, shares, fixed deposits, bank balance, lifestyle expenses, credit card ownership, vehicle ownership, etc. as proof of his ability to maintain himself.

 3.If I do negotiations hard how much I should quote the best & safe figure Ans: you can quote for 15 to 20 lakh4.Is alimony mandatory in my case also?Ans: No, it is not mandatory, It is quite possible there may be no alimony/maintenance awarded at all depending upon the facts and circumstances of the case.5.If i win my FIR case can i wave off my alimony by telling court about her false case if i winAns: Yes, you can.6.Wife is not in mood to stay with me but wants 42-45 lakh as settlement for Divorce. Ans; Yes, it is also one of the ground to reject the alimony7.If she decides to Fight how long this case will go on.Ans: It depends upon the court proceedings. It may go for 2-3 years.8.How & who can mediate between both parties to come to some conclusion

Ans: mediation services are provided by the court as part of the judicial system. The Court maintains a list of skilled and experienced mediators who are available to the parties. The Court appoints a mediator and sets a date by when the mediation must be completed. The results of the mediation are confidential, and any agreement reached is enforceable as a judgement of the court.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Court may award wife around Rs 20 lakhs as alimony 

 

2) court woukd not award her 45 lakhs as alimony 

 

3) wife is entitled to alimony as there is substantial differences in your income 

 

4) contested divorce proceedings take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Your wife is staying with her mom since 2 years. She is a self dependent woman and hence she cannot demand any maintenance. As far as alimony is concerned....ut depends on various factors like your fault in the marriage....your earnings..dependents....she has a house...she earns quite well...she has no evidence that she loaned 50 lakhs...

You shouldn't give her anything. Try to bargain with her. She doesn't deserve any money. Rather  request the court to grant you money for the mental torture you went through and now you have no kids and it would be very difficult for you to marry and you have to keep some nurse for your mother.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. there is no provision in the law regarding calculation of ALIMONY, however, the same is fixed keeping in view the financial status, educational status, job status, responsibilities, properties, living standard etc of both parties. proving spend on you will be hard for your wife.

2. court will try to settle the matter through mediation, lok adalat, councilors etc but is you both who will decide the matter.  

3.you can negotiate to any extent keeping in mind the next line

"Alimony is the consideration for a peaceful life" 

now it's you who will decide the value of a peaceful life.

there is one basic rule, and one more thing if you are in a hurry to get the divorce it will increase, and if your wife wants to get it at earliest it will decrease.

4. ALIMONY is not mandatory it's a matter of mutual understanding, even though sometimes decided/ordered by the Court.

5. NO, winning 498a case may be a ground for divorce 

6. 

7.matrimonial disputes are never-ending litigation, you are already 40, think deeply and wisely,

8. respective lawyer can mediate and conclude the matter. 

 

 

  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1) & 2) Wife is entitle for alimony of husband's net income of 25-30%. This much amount of alimony court may grant her.

3) You have to show your net income very less and expenses more and dependent family members on your income.

 

4) No matter how much wife earns or not still husband has to pay alimony if she is living separately and demanding alimony for her monthly maintenance.

 

5) Its is different from case to case and judgment received by court.

 

6) Don't give divorce scratch the case if you do not want to remarry as second marriage.

 

7) Case can go lifelong and in middle of the case court will grant interim maintenance and that will be binding on you. If you do not pay this interim maintenance on time court may issue warrant against you. That will be very hectic life for you in future.

 

8) Both sides senior members and lawyer. Its better to take court counselor for meditation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. See you don't have to pay so.much of amount same can be contested before the court.

2. The court shall decide based on many factors like you income jer income as her to produce salary slips on record.

3. You can settle around 20 lakhs if she takes all case back and give mutual divorce.

4. See that is on court to decide.

5. See still alimony can be granted by court based on facts and circumstances.

6. See leave this matter let her struggle for time she will come to settle just contest the case.

7. The cases can go.for 4-5 years.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can oppose the alimony application. You can bring before the court her qualifications and income if any. Alimony totally depends on mutual agreement in mutual consent Divorce. In case of contested Divorce  it depends on your income, expenses, her income, standard of living during subsistence of Marriage etc. There is no hard and fast rule

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Alimony will depend on your working, income and Living. There is no fixed alimony. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. irrespective of the claim of wife the amount of maintenance would not be more than 1/4th of the income of husband.

2. same as above.

3. Quoting the figure would depend on your limit of convenience and capacity.

4. If wife is unemployed then husband is bound to maintain his wife.

5. Outcome of criminal case has nothing to do with your liability to pay maintenance to your wife.

6. It is quite common instance.

7. There is no limit for duration of court case.

8. Involve a common friend or family elder.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Wife can seek maintenance. She can demand for moon but it is for the court to fix the quantum having regard to the lifestyle led by her prior to separation, income and liabilities of husband.

2. We cannot tell you what you should negotiate. It is for you to decide how much you want to pay.

3. Even if you are acquitted in the criminal case it does not forfeit her right to claim maintenance/

4. The cases can go on for 3-4 years if there is contest. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. There is no law prescribing the quantum of alimony. Especially as far as one time settlement is concerned it is merely an agreement arrived between both and there is no hard and fast rule governing this situation.

You may refuse to pay any alimony amount and ask her to file a petition before court, let the court decide.

You may reject the claim by producing the documentary evidences of her income and other sources etc.,

 

2.  The court may pass an order for monthly maintenance alone and it may not interfere in the one time settlement issue.

3. If you want to quit this situation you may bargain it to the extent of what has been decided by you to the maximum.

4.  No it is not.

5. It depends.

6. You can reject her claim.

7. It may run for another 2 to 3 years.

8. The mediation can be done by both side lawyers also

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the credibility of your wife’s allegations on you in the FIR goes down as the same has been filed when for last two years you have not been residing with her.
  2. It shows her greediness for money. And alimony is something which has to be decided after considering the responsibility over the man and also the earnings of the wife too.
  3. And in your case, I would advice you to contest the case if she asks for too much amount as if you happen to succeed to prove her cruelity on you then she won’t be eligible for a single penny as alimony.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

What is your question by making a single wore 'SAY' 

You may revert with your question for further clarification on the subject matter.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No further query raised by you 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

I didn't get your follow up question

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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