I am currently working as software engineer and i was married in late 2023. My wife works in another places, so we don't stay together. She does not want my mother to live with me. My father is no more and my mother stays with me. My wife stayed with me for a maximum 4 days in 2024 that too 1 day at a time. She kept on lying and blaming us for everything. So, we asked her to call her family with some elders so we can discuss and settle the issues. But she doesn't want to bring them. She got transferred to my city and is living somewhere with out even informing us. We got to know it through some other people that she is in same city as mine. I asked her to come, she says she will bring her family and elders and will come. But now she doesn't want to come. We called her mother to send my wife to my house, but her mother is threating with false cases. I am fed up of her lies and blames. My mental wellness has degraded and i am suffering from anxiety from past 3-4 months with multiple hospital checkups. We are thinking of divorce. I am earning around 1.4 lac per month and i pay 45000 emi everymonth for my house which i bought before marriage. My mother is also dependent on me and i spend around 10k for her medicines everymonth. My wife earns around 40k per month. She didn't take a single rupee from me till now as she is living seperately from starting. She did not contribute anything financially to me as well. If we divorce, how much should i pay alimony to her, since it is only been 13 months of marriage.
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Wife refusing g to stay with husband amounts to mental cruelty and is ground for divorce
2) since wife is highly qualified and working she will not get much alimony as you have been married for only a year or so
3) alimony is at discretion of court and depends upon your income ,wife income ,standard of living etc
1. Since the duration of marriage is very less, you may have to shell out little alimony amount only.
2. To determine alimony, so many factors will be taken into account, such as duration of marriage, educational qualifications, employment, age, earning power, etc
,3. May be the alimony amount may be upto twenty five percent of your earnings or less.
4. In case the couple opts for Mutual Consent Divorce, which saves time and money, as also the alimony amount can also be decided amicably.
As far as the alimony is concerned she has to file an application seeking it without which it is not automatic.
You can file the divorce case on the grounds of mental cruelty, especially if she has voluntarily abandoned the matrimonial home and living separately on her own and also instructing you to leave your mother behind and stay with her alone, are all considered to be acts of cruelty besides other reasons.
If she files an application for alimony she has to file an affidavit declaring her assets and liabilities, if she suppresses her employment and salary income details, you can repudiate her claim mentioning that she has perjured law hence doesn't deserves alimony.
That is a matter of trial, hence you can concentrate on the main subject for now.
Dear Client,
In the Present Scenario, subsequent to the divorce, alimony would be determined based on various factors, including the duration of the marriage, financial capacity of both spouses, and the wife’s ability to support herself, and so on. Under the BNSS, maintenance is typically granted if the wife is unable to maintain herself, but since your wife is earning Rs. 40,000 per month and has been living separately, her claim for alimony may be reduced. Further, under Hindu Marriage Act, the provisions allow for interim maintenance during divorce proceedings, and permanent alimony based on the husband’s income and the wife’s financial capacity. Here, your monthly income is Rs. 1.4 lakhs, and since your wife is employed, the court will consider your financial obligations you have, as well as her ability to support herself. Further, since your marriage lasted only about 13 months and your wife has not contributed financially to you or the marriage, the court may award an alimony of certain percentage of your monthly income. Additionally, the issues you have, your medical check-ups and so on, would also strengthen your case for divorce. However, it is suggested that you maintain the documentation and salary details of both you and your spouse, so as to maintain a proof for your defence.
Hope you find this answer beneficial for resolving the dispute.
- 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.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from your mother.
- 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.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Hence, if she is not interested to live with you, then try to take her consent for mutual divorce.
- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds.
- Since, she has left you, then for your safeguards, you can lodged a complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.
- Since, she is earning then she cannot claim maintenance from you.
1. Address Threats of False Cases:
2. Divorce Considerations:
3. Alimony Calculation:
Expected Alimony:
4. Precautions:
5. Legal Advice:
This approach ensures minimal financial impact and safeguards against false cases while proceeding with divorce.
Before either of you knock the doors of the court, propose for mutual consent as it is the best option to sort out the issue.
G.Rajaganapathy,
Advocate
High Court of Madras
Dear Querist
first of all, if you want to live with her than file a petition before the family court for restitution of conjugal rights and when she will appear before the court than refer the matter for concealing and try to settled the matter amicably.
if you are not in position to live with her than file divorce case against her on the ground of cruelty committed by her upon you.
alimony will be decided by the court as per financial status of the parties and there is not jacket formulation for the same.
Dear Sir,
Immediately go for divorce. Alimony will be decided on the allegations made by her about her financial status. She is earning sufficiently to maintain herself. She has no dependency. Thus at the most marriage expenses or other mental torture if she pleads then you may be asked to pay between Rs.5 to 8 lakhs. Start filing divorce proceedings immediately, it may take anther 12 to24 for months to get divorce if she choose to contest.
