My wife is earning 1.5l per month. i am earning 3 lac per month. My savings is 2cr, her savings is 50lakh. We are both working in IT software. We dont own home or land. We are married for 4years. However my wife is cheating on me and i have audio recording of her confession. I want to divorce her, as i don't want to live with such women. Few questions: 1. How may years do i have to pay her monthly maintainence, since our marriage lasted only for 4y? 2. In your experience, how much alimony will be awarded? 3. If i pay her lumpsum, can she come back after few years to ask for more?
Wife guilty of adultery is not entitled to any maintenance or alimony
2) file for divorce on grounds of mental cruelty and adultery
3) make her lover co respondent in divorce case
4) you have to prove allegations made by you of adultery
5) audio recordings are admissible in evidence
1. Right of maintenance of wife depends on her disability of earning and not on duration of marriage. In this case she is not entitled to maintenance.
2. Nothing
3. Yes
1. If court has passed an order for monthly maintenance then it should be paid until she is remarried or death.
2. You can prove that she has sufficient income to sustain her expenses and repudiate her claim.
3. You can enter into an agreement and get it recorded in the decree so that she cannot claim anything in future
Thank you team. In worst case, lets say i could not prove adultry, and have to pay alimony. ``` My wife is earning 1.5l per month. i am earning 3 lac per month. My savings is 2cr, her savings is 50lakh. We are both working in IT software. We dont own home or land. ``` Based on this information, in your experience. 1. How much approximately i have to pay as lumpsum / monthly alimony? 2. Can i buy a property and gift it to my parent to reduce alimony amount? Anything else i can do?
1. Considering her income any maintenance to her is very unlikely.
2. This is not going to help you in any way.
Wife is highly qualified and working
you don’t have any kids
however since there is substantial differences in your incomes court would award her some maintenance
mere buying of property and gifting to parents would not reduce alimony amount
Dear client,
Transferring assets to escape alimony responsibilities might not be a legally sound move in terms of property transfers. When deciding alimony, courts may take these actions into account.
Since laws can differ, it is best to speak with an attorney to understand how infidelity may affect the divorce process. Remember that using audio recordings as evidence could have legal ramifications as well, so it's best to speak with a legal professional about these.
Hope this helps you.
Dear lawyers, I have seen that lumpsum is calculated using 1/3rd to 1/5th of husbands net worth. Based of my profile "i am earning 3 lac per month, my savings is 2cr" what is my net worth ?
Your wife is employed and drawing a very handsome salary hence if you repudiate her claim for maintenance, court may dismiss her petition for maintenance, because 1.5lakhs per month is not a small amount, besides there are no children born out of this marriage, hence you can stand firm against it, if she files one.
2. Buying a property will in no way going to reduce your earnings, however if it is bought on home loan then you can increase the liability
Lumpsum payment is not automatic, she can claim but you can always refuse lumpsum payment, the court cannot force you.
The concept of 2/5 or 1/3 are all imaginary concepts spread by mischief mongers.
Your wife has neither filed a maintenance case nor you have filed a divorce case yet, hence you may adopt the strategies to avoid paying any maintenance as suggested if in case a circumstance arise.
You can transfer part of your savings in your parents name by placing said amount in fixed deposits in their names .
Dear client,
In India, alimony or maintenance payments are made in lump sums rather than being strictly based on a husband's net worth percentage. To calculate a fair and just sum, the court takes into account a number of variables, including the husband's income, assets, and way of life. According to the wife's necessities and the husband's financial situation, the court may grant maintenance under Section 25 of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure. Usually, to determine your net worth, you deduct your liabilities from your assets. Since you stated that you make 3 lakhs a month and have 2 crores in savings, your net worth would be the sum of your savings less any obligations or liabilities. It's crucial to remember that courts take into account a variety of criteria when making maintenance judgments, so the amount of alimony given may not necessarily match the results of this net worth assessment.
Hope this helps you.
1. 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.
- Further, if wife is having extra-marital affairs , then the husband can get divorce on this ground , and is also not entitled to get maintenance from her husband.
- Further , as her earning is sufficient for her maintenance then she is also not entitled to get maintenance from you, however she can claim alimony at the time of divorce.
2. As per law , for calculating the alimony , the income of both the parties will be considered
3. No
You can oppose the maintenance on ground of adultlery. Payment of maintenance is till the grant of divorce or its disposal. You can fix lumpsum once paid she can’t demaind. You need to draft proper consent terms
In monthly maintenance there is no occasion for court to consider your net worth .