Alimony

Guest (Querist) 13 December 2015 This query is : Resolved
My wife and me are planning to get seperated and we both have agreed on the same. She does not want any maintainance or alimony and is ready to put it on papers. Can alimony still be imposed on me by the court?

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SAINATH DEVALLA (Expert) 13 December 2015
Apply for MCD which would be easier to be concluded.Mention the terms and conditions between both of U.Court cannot impose alimony or maintenance when the wife herself states that she doesn't need it.

Rajendra K Goyal (Expert) 13 December 2015
Agree with the expert SAINATH DEVALLA.

Devajyoti Barman (Expert) 14 December 2015
In MCD there is no opportunity for court to pass any order apart from passing decree of dissolution of marriage.

K.S.Srinivas (Expert) 15 December 2015
Apply for Mutual Consent Divorce.

In mutual divorce a joint petition is prepared stating the facts when the marriage took place and from when the husband wife are living seperately and similarly a brief reason in general that why they are not living together like differences etc.

On the date the first motion both husband and wife need to sign in court the joint petition and then get a six months future date and once they present and sign on second date the decree of divorce is granted.

Alimony will not be granted by court in mutual divorce, as you and your wife decide.

Minimum time is six months

The divorce decree in mutual consent is not challengable.

If the point regarding no future claims is added in the petition that will prevent any future claims by any party.

Dr J C Vashista (Expert) 16 December 2015
Prima facie something strange where the wife do not ask for alimony, discuss with your lawyer since she (your wife) is legally, socially and morally entitled for alimony.

T. Kalaiselvan, Advocate (Expert) 24 December 2015
Court will not unilaterally pass an order for alimony without the respondent/wife asking for it.

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