Is it possible to avoid giving alimony to wife, what are the ways...? Wife and her family is torturing like anything and blackmile me...?
Royan ( ) 28 October 2010
Is it possible to avoid giving alimony to wife, what are the ways...? Wife and her family is torturing like anything and blackmile me...?
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)
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.