• Alimony for 1.5 years marriage life

Me and my wife married for one and half years we have 7 month old boy baby, I am from upper middle class family and my wife is middle class, she has not completed her Undergraduate and worked in BPO earning 15k when I married her, I am working in PSU earning 75k gross and I don't have any property in my name and my parents is having individual house in chennai.i have been taking care her well.recently she frequently says in fight she is no more interested to live with me. In that case what is the alimony they can demand and other property rights and whether I can invest in properties in this situation.we live in rented house now.
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

19 Answers

Wife has no share in your parents property 

 

2) if you buy any property in your name wife can claim right to stay in her matrimonial home 

 

3) she has no share in said property 

 

4)  court  awards generally one fourth of net income as maintenance for wife 

 

5) she can claim maintenance for child as per expenses incurred for child 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. Maintenance is not decided by the court in view of the duration of marriage.

2. She may demand anything but it is for the court to fix a quantum which is reasonable and would allow her to live a quality life.

3. Court has to factor in your liabilities and then decide the quantum. Ordinarily, it is 1/3rd of husband's net income.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Indian law does not allow divorce at will. When you are taking care of her and there is no valid ground for divorce, she can not get divorce.

She may at her own volition stay apart from you but that does not make her entitled to any maintenance. 

Not only so,  marriage in India is considered as a religious alliance. Both are to oblize marital obligations and stay together. Irretrievable breakdown is not a valid ground for divorce in India .

She must have some valid ground to stay apart and claim for divorce , only then she shall be entitled to maintenance from her husband. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Respected sir ....

Alimony is one time payment that you have to to give to your wife for the final settlement in that you both will have to decide what amount you will consider good for the settlement that is alimony...in that court have no role court only provides mediation for the settlement ...if she claims maintenance under section 125 of CRPC then she is entitled to maintenance that might be around and approx 10 to 15k ....

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

No right in properties. She can claim upto 25% of your salary in maintainance. 

And if you can prove, she never subjected to DV and herself want to separate than maintenance amount will restrict to child only and low.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Don't highlighy much or set goals in life on what the wife says during quarrels. 

2. Now there's a child and hence don't try to satisfy your respective egos. 

3. Every marriage during initial days goes through this kind of aberrations which doesn't necessarily mean divorce. 

4. If she acts childishly then you act must sensibly. 

5. For your information wife has no share in the property of husband while she is entitled to 1/4th of your income towards maintenance of wife and child.  Her minimum income is no excuse. 

6. Bring flowers while you come back home from work. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

She can only ask for property from your owned property, not from the ownership of your parents.

She can claim maintenance for her and your son.

Amount cannot be predicted here that what they will demand.

Wait for some time before investing in to properties. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If she's employed and earning a handsome salary then she may not be eligible for maintenance or alimony. 

However it becomes your responsibility to maintain your child. 

In that case,  the court may pass an order to give 25% of your proven income. 

But she has to produce substantial documentary evidences to prove your income in support of her claim. 

She cannot claim any share in your property as a right at least not during your lifetime. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

You are suggested not to take step first in regard to divorce or separation, rather you keep recording the fights done by her and keep saying that in any family, the difference of opinion and fights are very common. This should not lead to divorce. Keep the recordings very safe and not in her knowledge. Let her take the first step towards divorce and you keep your stand that you want to lead the life with her. You are suggested to do this in order to minimise the alimony. Also, she may ask the maintenance and alimony for herself and maintenance of child. The child custody will be in her favour till the child is of 5 years of age.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

As per the living of standard in the matrimonial home or 25-30% of your net salary alimony can be allotted her.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You may have to pay alimony for her as well as her child. You can still oppose for her but for child you need to. As she doesn't have a house to stay Court can award her rental amount as alimony too. She doesn't have any property rights. Alimony amount depends on standard of living awarded by her during the subsistence of marriage

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Your wife has no right in the  property of your parents.

She cannot  claim any share if you have property (as on to day you have no property).

Even if you invest in property she cannot claim property (do not make her joint owner in the same, invest in your own name), but can claim right to stay in the same.

As far as, payment of maintenance is concerned, it depends on various factors viz., your social status, earning  capacity of both the parties, educational qualifications etc.

It is the court's discretion as to granting maintenance, usually if wife is nor working it could be around 1/4th of husbands net income.

If wife is working, it could be reduced further substantially.  

NOTE:

Alimony is the concept paid as full and final settlement at the time of divorce, make sure whether you want to know about alimony / maintenance.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. As per current legal position she has no right in property though she may ask for maintenance which court will decide based on your and her salary.

2. In case you both agree for mutual divorce, you both can mutually decide for alimony/maintenance amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It depends upon several factors. To name a few salary of the husband, earning capacity of the wife, social status of the parties.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

 As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Supreme Court held that , Wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances, 

- Further , your wife have no right to claim over your & her in-laws property legally, except a right to residence from you only. 

- If, she is not interested , and also you want to be separated, then both you can apply for getting divorce on mutual ground with the condition of child custody. 

- Since, she is already working , hence she will not get enough alimony from you legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Your wife can claim alimony as she deems fit for maintenance of herself and her child.

2. She can also claim maintenance for herself and your child but she cannot claim share from your properties until you stop paying maintenance to her and her child. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

such there is no mathematical formula to calculate the amount of alimony which may be granted by court to wife.every case has its own merits and thus courts grant alimony as per merits of each case.

Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime. so you can invest. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hii greeting of the day

You can buy the property in your name . If her name is not added she cannot claim any right in property . But yes the alimony depends on the court to court and the individual lawyers present their cases.

 

All the best.

 

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Considering that your current financial position is better, your wife may press for alimony if you decide to opt for divorce. It is, therefore, not advisable to invest in property now.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer