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Royan ( )     28 October 2010

Avoid Alimony

Is it possible to avoid giving alimony to wife, what are the ways...? Wife and her family is torturing like anything and blackmile me...?



Learning

 9 Replies


(Guest)

Give true and full facts thereafter we help you.

Jamai Of Law (propra)     29 October 2010

Can you deny paying bill in a hotel....after relishing over half of the chicken biryani...and then complaining that it's not cooked well.

 

Alimony is inevitable. Even cruel/adulterous/deserter/absconder/bigamous wives are entitled for alimony (based on other merits). I am serious.

 

 

 

Jamai Of Law (propra)     29 October 2010

Get your marriage annulled if want to avoid alimony.

abhishek Swarup (Lawyer)     29 October 2010

Alimony can be avoided, provided you have been given divorce because of wife's cruelty to you. Or if there is a mutual consent for divorce. It is necessary to go into the facts first. Nothing can be said before that.

Renuka Gupta ( Gender Researcher )     31 October 2010

Abhishek Swarup, are you sure of the fact you have mentioned?  Please post the relevant judgement/s.

Tajobsindia (Senior Partner )     01 November 2010

In my opinion Swarup, a Adv. here in this thread has mislead the readers with a totally wrong take that also coming from a adv. !


The correct position as of date if we are talking here of "no maint. or alimony to wife" are as follows;


Re.: Smt.Rohtash Singh Vs. Ramendri (Smt.), 2000 (2) R.C.R (Criminal) 286
, it was held by the Hon'ble Supreme Court that a wife is not entitled to maintenance who has deserted her husband, but a wife who has divorced on account of her desertion is entitled to maintenance from decree of divorce.

Re.: SLP (Crl) No. 8854    Of   2009  POONAM Vs. MAHENDER KUMAR, date of decision (SC) 16-11-2009, it was held that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.

1 Like

Avnish Kaur (Consultant)     04 November 2010

depending on detailed facts of case, answer can be yes or no  , normally tendency of courts is not to deny maintenance to non working or child rearing female in most cases,discuss details with ur adv. if u need any citation or clearance on any lawpoint ask in this forum.

Avnish Kaur (Consultant)     04 November 2010

wat abhishek says is partially correct. while deciding quantum of alimony conduct and fault of parties also taken into consideration.

Kunal Mukherjee (Father)     07 November 2010

Mr. Royan,

ANYTHING is possible. What you need to ask is what are the CHANCES ?

In India, the chances of any husband legally avoiding payment of alimony / maintenance to his wife is infinitesimally low. I am sure some members in this forum would even have statistics.

So unless you are a researcher, which your post does not appear to convey, do not waste your time running after red herrings. 

Good luck.


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