Alimony

Court can ask  you to pay permanent Alimony  as per your existing financial  capacity.

There are no fixed rules for granting maintenance and/or permanent alimony ... it depends on the facts and circumstances of each case .......... In your case you do not have the capacity to give permanent alimony ..... Court will ask you to give monthly maintenance from your salary ......

But I do not understand that U do not even think of resisting ur wife's claim ....... why is it so ??? Just because your wife does not feel like residing with u is no cause for her to get alimony .... 

What if husband deny for payment of maintenance? I mean what is the maximum tenure of punishment?

Mr Abhishek many friends have answered this question many times on this site. For every months default there is prison term for every month.

Thank you Mr. Shashi for your answer.. but my question was different what you have answered..I am saying that if I deny in court that I am not able to provide any maintainence (for being jobless) to my wife then court will obviously put me in bars but for how much period.. The question of default arise only when such order is being passed and the maintenance has been started..

The court won't directly put you behind the bars for expressing your inability to pay maintainance during the trial of the case. However, if the order of maint, is passed in the favour of your wife and she files execution proceedings then the question of sending you in jail arises.

For Mithilesh: -

1. If activity under HMA and or S. 125 CrPC pendentelite alimony / interim maint is awarded prime facie based on status of both parties at the time of marriage and at the time of instituting such maint.


2. If activity under DVA she can set cause of action for relief’s not only for interim maint. but for equal residence rights as well as compensation under various sections of the Act.


3. If 25 K is prime facie income then take it sure that 1/3rd. will go to wife as interim maint / pendentelite alimony other than separate award in DV The Act too other than residence rights.


4. The que. of permt. Alimony comes when Decree in HMA The Act has been awarded and either by affidavit and or by a petition she claims for alimony U/s 25 HMA. Now that stage has not come and you are confused with the word alimony which also is said with prefix "pendentelite alimony". Let that stage come then you may ask the same. Right now get over with pendentelite alimony part out of declared 25 K income.


For Abhishek:-

1. Under HMA if you are petitioner and you claim you are jobless and can't pay pendentelite alimony awarded then your suit will not progress further till you pay the award.


2. Under S. 125 CrPC for each default at the time of execution of interim maint. maximum 1 month jail term as per CrPC is the provision.


3. Under DVA The Act disobeying Protection order which also includes interim maint Orders the maximum penal provision for default is 1 months and or Rs. 20,000/-


4. But in whichever way you touch your NOSE a husband comes under minimum wage act i.e. must be earning Rs. 4.5 K per month if able bodied howsoever smart he declines before any court of Law. Flip legal provision is if he can get Order of LC / CC appointment to find his true income then he can be declaired to be earning even as minimum as 1 K per month to 3 k per month which soem smart husbands have gone to the extent of which can't even be challenged before Hon'ble SC.


I hope both gentlemen's all questions are answered now to their satisfaction n should we close this repetitive post now !


Rgds. 

HI I AM MARRIED FOR NINE MONTHS. NOW I DONT WISH TO STAY WITH MY HUSBAND HAS I WAS BEEN HARESSED BY MY IN LAWS AND MY HUSBAND DIDNT SUPPORT ME. I REQUESTED MY HUSBAND FOR MUTUAL CONSENT FOR WHICH HE IS NOT READY. I HAD NO OPTION LEFT SO HAVE FILED CASE IN THE COURT. HE EARNS 11 LAKHS PER ANNUM. HOW MUCH MINIMUM ALIMONY CAN I GET FROM HIM. 

say app 30k p.m. 

f he don't apear in court, demn Ex-Parte ourt ordser. His income proof will help u.