• Alimony in case of mutual divorce

My wife and I got married on 2nd December 2018 as per Bengali Hindu law. After marriage it came to light that we are not compatible with each other physically and emotionally , and we cannot continue this marriage. Mutually we both decided to get separated , and we have been living separately since March 1st 2019. My wife and I are both salaried individual, however i earn more than my wife.
Can my wife demand alimony or compensation from me?
Asked 5 years ago in Family Law
Religion: Hindu

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24 Answers

Hi, If you are wife is capable of maintaining her self and she has Independent source of Income then she can't claim maintenance and if you willing to pay any amount to her it is your wish you can pay to her.

 

[2] As far as maintenance is concerned there is no hard and fast rule. It is all depending upon your income, social status and income of wife.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

Dear Client,

Earning wife not entitle to maintenance but is not a ground to deny her claim of maintenance in view of sky-rocketing of prices of basic necessities of life. So she can claim some % of your salary.

Yogendra Singh Rajawat
Advocate, Jaipur
22992 Answers
31 Consultations

wife can demand alimony from you if there is substantial differences in your income . 

 

you can file for divorce only on expiry of one year of marriage 

 

3) you have to stay separately for period of one year before filing for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
96975 Answers
7829 Consultations

Yes. She can.

Provided she established that she needs alimony.

Furkan Ahmed
Advocate, DELHI
16 Answers

See in the mutual divorce you and your wife shall mutually decide the alimony amount, you both can make an mutual divorce agreement and therein she can agree she won't claim any alimony from you.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Absolutely, she can claim alimony from you in lieu in separation.

Just because she is salaried is no absolute bar to deny alimony to her. Having said that, she can claim alimony only in case both you go for separation/divorce, either contested or otherwise. For obtaining divorce, you both will have to wait until your marriage becomes one year old. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. In mutual divorce both parties are free to put such terms which suits them individually and in this law does not come in the way.

2. So there is no bar for her to demand and get the alimony in mutual divorce and the same is most likely.

.3 However do note that since one year has not passed from the date of marriage, you can not go for mutual divorce at this stage. Wait till 3.12.219 for the same.

Devajyoti Barman
Advocate, Kolkata
23229 Answers
514 Consultations

she can demand and you can oppose the same. But in mutual divorce all the terms are decided in advance before filing of divorce and same are filed in court

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

See that is on both of you to decide in mutual divorce as same condition of society applies on you and further since she is earning she is not entitled to maintenance. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

wife can claim maintenance from you 

 

2) her parents income is immaterial 

Ajay Sethi
Advocate, Mumbai
96975 Answers
7829 Consultations

As stated you can oppose the same on the above said grounds in court.

Prashant Nayak
Advocate, Mumbai
32493 Answers
201 Consultations

1. Since the period of marital life is too short, your wife may not claim alimony.

2. If Mutual Consent Divorce is the option, then both of you can decide as to whether alimony or maintenance has to be paid to the spouse or not.

3. To maintain the same standard of living by your wife after divorce, your wife may ask for alimony or maintenance, which can be decided mutually by the couple, before filing joint petition for MCD. It's not compulsory in MCD that you have to invariably pay alimony or maintenance to the spouse.

Shashidhar S. Sastry
Advocate, Bangalore
5412 Answers
330 Consultations

Yes, very much possible for her to do so 

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Yes, she can claim,

however,

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, etc, 

as she became ready for mutual consent divorce file at earliest but remember one-year separation is mandatory for filing mutual divorce

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

1) As she's salaried, there's no question of maintenance under s 125 of crpc. 

2) However, both of you can claim alimony from each other, under divorce.. As it's a mutually consented Divorce, you both can come to an understanding over it. She can't force you to pay alimony, as it will defeat the idea of mutual consent. Mutual consent means neither you force her, nor she. 

3) If she's adamant on alimony, go for contested divorce. 

4) as for as the so called social stigma of divorcee, well it's not as if her status will be a divorcee and yours a Padm Sri! Haaaaa haaaaa haaaaa... What I mean to say is, even you would be a divorcee, so don't give in to such bumkum stuff. Alimony is for matrimonial wrong committed; Not for mutual consent divorce due incompatibility.. 

5) For any further legal services, please come to my office. [deleted] (nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1570 Answers
5 Consultations

Duration of marriage has nothing to do with granting alimony neither her parents status look into.

Yogendra Singh Rajawat
Advocate, Jaipur
22992 Answers
31 Consultations

In your case at it is a mutual consent divorce, if the parties agree that there is no need to pay any alimony.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Once you have decided to file for divorce by mutual consent, then you can agree to all the terms & conditions. You need not pay any alimony/maintenance unless your wife wants it. In that case you have to bargain with her and come to some agreement or MOU. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Dear Sir,

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. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.

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.

However, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

 yes your wife can claim the one time permanent alimony to end the marriage and the amount can be decided in the mediation between both of you and the same agreement must be submitted to the court by the mediator

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Dear Sir,

If she agrees then only your desire will be fruitful otherwise you have to face several troubles .

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

The lifestyle to which the wife is entitled to is what she was having in her matrimonial home and it does not make any change if the her stay in matrimonial home was for a brief period.

So it is the living standard or status of husband which is criteria to be taken into account while fixing the quantum of maintenance of wife.

Devajyoti Barman
Advocate, Kolkata
23229 Answers
514 Consultations

As a legally wedded wife she is entitled to be maintained by her husband.

However you can repudiate her claim on the basis of her employment  and drawing a handsome income to sustain her expenses.

T Kalaiselvan
Advocate, Vellore
87177 Answers
2341 Consultations

Such sentimental reasons cannot be pleaded as grounds for claiming maintenance, she may have to give proper reason and grounds while seeking maintenance even if she is employed, the court will hear both the sides and consider the same on merits.

T Kalaiselvan
Advocate, Vellore
87177 Answers
2341 Consultations

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