santosh joshi (officer) 07 September 2014

Impotence alimony / maitenance safegaurd

my friend's wife has filed family court case under section 12 1(a) and 12 1 (c). His income is 60k per month and wife has no income but she was having previos income of 9k per month. He has mom and dad dependent on him. and his brother is also earning. Marriage has been lasted only for 8 months.

He has one house with around 35 lacs cost and liability of 15 lacs as home loan. Can he increase mortgage loan against property to safeguard his house and reduce alimony or maintenance.

Can she claim maintenance in this case even though impotence is proved or not proved.

Please reply. need urgent help

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3 Replies

Hardeep (Business) 07 September 2014

Maintenance has no connection with divorce proceedings. Spouse who is not self sufficient has to be provided reasonable maintenance in line with family status and needs. Generally, it is the man who ends up providing it.

increasing his liability may lower maintenance although there is no fixed formula. Note that, however, in the process the asset goes on record which may have adverse consequences for the husband when the time for alimony comes, particularly if the HMA Amendment Bill 2010 has become an Act by then.

santosh joshi (officer) 08 September 2014

what are the other ways to decrease alimony. do court will grant access to property even though that is the only house for residence to his parents ? they are asking about 23 lacs alimony is it possible that this much will b granted.