Alimony or maintenance amount in dispute marriage
anonymous
(Querist) 24 January 2024
This query is : Resolved
Scenario:
This is second marriage of both husband and wife. She has 8 years old son from her previous marriage and have received Rs. 10 laks Lum sum amount from ex husband as permanent alimony.
Current husband was not aware about her intention to earn money only and their marriage got disturbed. Wife is also involved with third man over WhatsApp calls so that call details cannot be taken from telecom.
Current husband is in private job with pay Rs. 110000.00 after tax. She has demanded Rs.80000.00 PM in Sec 24 or 125. Court proceeding is in progress.
Wife is having FDs of about Rs. 25 lakhs in the bank about. This includes her alimony amount received from last marriage. Also she is earning salary of Rs. 25000.00 PM
Current husband has some personal loan liability whose EMI is 30000.00 PM, sec 125 to parents = Rs. 8000 PM, Rent of Rs. 15000.00 PM
Question: Since wife has already taken life time alimony amount from her last marriage, again she can get maintenance u/s 125 from second husband for herself and minor son?
Question : Wife is already earning salary of Rs. 25000.00 P/M which is appx 25% of husband pay. Again she is liable to get maintenance?
Question: If yes then how much she can get by considering EMI, rent and sec 125 to parents by husband?
Thanks in advance.
kavksatyanarayana
(Expert) 24 January 2024
The husband shall prove that she is an employee, took alimony from her 1st husband, has an affair with another person, and file a divorce case.
T. Kalaiselvan, Advocate
(Expert) 24 January 2024
The current husband is in no obligation to pay her maintenance if she is employed and drawing a handsome salary besides having a huge amount as fixed deposit.
But he has to prove them by documentary evidence in order to get her maintenance case dismissed.
