Divorce alimony
PMS Sekar
(Querist) 23 June 2015
This query is : Resolved
I am 29 Years old I have a daughter of 3 Years. I am married on 23 May 2010. I am living single from 23 May 2013 onwards. I have filed RCR & got Decree in RCR To live with me. But she doesnt come to live with me. So after 1 Year of getting decree from RCR Case, Now i have filed Divorce case.I am a Government employee. So i have to work mostly in Other states than my Home state Tamilnadu. I am a New Pension Scheme employee My Total Gross pay is -23000/- (In this Scheme 10% Of my Basic + Grade pay is given my Government) My Net Pay is 19000/-. My Saving is 10% Government Contribution + same amount Only That is Compulsory.
Till Now She is not Employed. Before marriage she has completed +12 Now she is pursuing Degree. My daughter is studying in LKG.
HOW MUCH AMOUNT I HAVE TO PAY AS MAINTENANCE CHARGE APPROXIMATELY, ... IF it is annually means how much & monthly means how much .
I have filed case as per cruelty & Not obeying RCR.( section 13(1)(i-a) & 13(1-A)(ii)
Pls guide me...
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 June 2015
U have done right thing. Alomy should be 1/3rd of your income 1/3rd wife and 1/3rd child
Rajendra K Goyal
(Expert) 24 June 2015
The maintenance may be upto 1/3 of the pay.
PMS Sekar
(Querist) 24 June 2015
If I gave Alimony 1/3 To my wife & Child means 2/3 of my Pay . That will become huge amount & Even If i am single the balance amount is sufficient to run a life now a days.
pls clarify detailed sir anybody
Biswanath Roy
(Expert) 27 June 2015
In law determination of alimony is discretionary matter. Court has inherent power to decide it considering life style of the husband and wife and quantum of earnings of the husband. Here earning means not only monthly salary but also other incomes of the husband. Any way when the Decree of Divorce has not yet been made you need not to bother about alimony, if it will not agreeable to you then you can enjoy the option to challenge the decree before higher forum.
PMS Sekar
(Querist) 29 June 2015
Thanx for the answer . But I have no Other source of Income & No Properties On my name . My parents properties are their self Income Properties . Max How much percentage Has to be given. Bcoz Now She Decided for filing interim alimony from last one year. From Aug 2013 to Jun 2014 I has given a monthly 3000/- as per advice. after that i got posting & Due to decree in RCR From July 2014 to Till Date . I am not giving Money. Pls guide & advice me
Biswanath Roy
(Expert) 29 June 2015
When you married a girl you might have thought of all pros and cons including your duties and obligations. AFTER MARRIAGE YOU ENJOYED YOUR BRIDE and when such relation turned into a dissolution why you will not pay maintenance according to law as it will be decided by the court as lawful? God forbids if it was a case of your nearest and dearest one what would be you say?
PMS Sekar
(Querist) 11 July 2015
sir, mistaken done by by bride & her family, I am ready for paying as a duty & as per law . If most of my Money payed from my pocket is not gud for my remaining life.
till I file divorce case , I tried 1000 % to join with her & my daughter. But For Money She & her Mom & dad doesnt agreed bcoz of law & Govt Employee.
Now most of the verdicts i am hearing are against are genuine person.
Biswanath Roy
(Expert) 13 July 2015
Do you mean to say that for greed of money and being allured with your job your wife gave birth of a child out of her wed lock?
Do you know how much pain and physical trouble she had to tolerate during her pregnancy that caused by you? Do you mean to say such sufferings she had to face because she could get a chance to squeeze money from you afterwards? Do you think that the Learned Lawyers of this Forum who conducted many identical and similar cases are unable to guess the situation under which your wife had to stay with her parents' house leaving you and your family members?
