Raju 05 December 2015

Alimony

Hello,

I am heading towards contested divorce(Hindu Marriage act). I would like to know if there is any way to minimize the alimony that would eventually be ordered by the court. I am working at US and my take home salary is $7500/month and my monthly expenses including loans total to $3000. However, if I work at India, my take home salary may be around 70000 rupees per month and my expenses including loans would amount to 40000 rupees per month. My ex-wife is a post graduate and she worked only for few months during the marriage. She is not working right now.

Can you please tell me:

1. If I am abroad, would I have to make repeated visits at various stages of the case? If so, how frequent would it be?

2. How much would be the permanent/monthly alimony in each case i.e if I continue working abroad or come and work at India?

3. In the case of monthly alimony, for how many months/years should it be provided?

4. Even if I come and work at India, I intend to be back to US as soon as the case is settled. Would the court be considering my visa status and work out the alimony based on my future US salary instead of my Indian salary?

5. If I am not satisfied by the alimony ordered by the family court? Can I make an appeal to higher court? In which case would I have to pay the amount straight away or would the alimony be put on hold until a judgement is made by the higher court?

6. I have a property on my name which is under loan. Is there a possibility for the court to include this as part of the settlement?

Thank you,

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5 Replies

NoTit4tat 05 December 2015

Conested divorce takes lots of time,which you cannot control from USA.you make sure that your wife files divorce do NOT file divorce from your side . This is not USA to get divorce easily that too contested divorce .if you r wife want to marry she would definately file divorce just wait and see do not do any action,react from your side . Keepsilent

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 December 2015

In contested matters, the court intervenes and decides the issue of alimony/maintenance on the merits of each case. The power of the court to grant alimony is not limited to cases where the decree is obtained by the wife. Courts have powers to grant alimony to the wife even where the husband is granted a decree. It is quite possible there may be no alimony/maintenance awarded at all depending upon the facts and circumstances of the case. Assessment of the amount of permanent alimony is entirely the court's discretion.

The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.

SAINATH DEVALLA (LEGAL CONSULTANT) 05 December 2015

Rightly adviced by the above experts

Anand Bali Adv. (Advocate Solicitor & Consultant) 09 December 2015

Point to point answers to your questions:

1) You only need to come to court first at the time of the addmission of the case and then after for submitting your statement, cross examination by the othet party if required. It is better for you if you give a power of Attorney to some body in India for the day to day routine work's signatures on your behalf and then after wards you cna come only at the time of evidence and cross examination if required.

2) See there is no difference whether you work abroad or in India it is a misconception in your mind. Maintenance is decided on the financial factors of social status which she is enjoying with you after her marriage and it does not get affected if you work here in India or abroad. Broadly the maintenance or Alimony is the financial support to her to maintain the same status which she was enjoying with you and there is no set formula to calculate it. Recently after the Kusum Sharma's case by Delhi High Court one set of Affidavit regarding the social status, assets and the income of the both the parties is required to determine the socio-economic status of the parties to fix maintenance and One time Alimony by the court. Usually it is 30 % of the income of the husband if the wife is simple house wife and other to it she is also entitled for a separate same or equal accommodation for herself be managed by the husbabd either of his own or by rent; however, it is not a hard and fast rule but discretion power of the court ( based on fare reasoning).

3) In case of the monthly maintenance you have to pay her till she gets remarry or throughout her life if she does not marry.

4) It does not matter whether you come to India and work or not as I have advised you earlier, It is your earning capacity which is a determination factor. The monthly maintenance is also not a fix amount for throughout the life. It can be revised time to time considering the various changed factors in future.

5) Yes you can appeal in the higher court or put revision or review application as the case be. Alimony or the maintenance will not be put on hold unless the Higher court issue the order for the same on the interim application moved by you along with the appeal, Review or revision application.

6) No your personal property cannot be transferred to your spouse without your will, however you have to provide her some same or equal accommodation for her living (Not be transferred in her name).

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