Ravinder Singh (Employee) 24 October 2011

Clarification on alimony to be paid

1. My wife agrees to have mutual consent divorce but she want that alimony money should be paid right away before filing the petition. My ques is when the alimony has to be paid after the final decision or before hand?

2. She is emotionally blackmailing to pay her as 20 lakh alimony as she is mentally disturbed and physically not fit to work so she want to secure her future and she will not get married and adopt a kid as she will not get married if she is a divorcee…but it is the same case for me as well. She is currently having 25 lakhs from the last 4 year of our marriage and I have nothin and she is asking for another 20 lakhs, Can you suggest what is the right amount alimony a husband needs to pay?

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7 Replies

M.Sheik Mohammed Ali (advocate) 24 October 2011

best way you got the mutual divorce agreement from wife then both are attn the court proceedings then court will decided how much amount of permenant alimony.

adv.d.s.jodhi (lawyer) 24 October 2011

u have to fieldivorce pettion under section 13 b of hindu marriage act if your marriage is acordign to hindu law if your self employd or your salary is more then you can pay the ammount so saso amount can e paid at the tiem of obtining decree fo divorce if paid earlier then it is very difficult if other party avoid to give consent for divorce

sridhar pasumarthy (ADVOCATE) 24 October 2011

Dear Ravinder Singh,

Better to pay the permanent alimony during pendancy of divorce proceedings and get it recorded in the court.

The amount of alimony depends upon various factors like your income, social status, your wife's earning etc.

Tajobsindia (Senior Partner ) 24 October 2011

Originally posted by :Ravinder Singh
"	1. My ques is when the alimony has to be paid after the final decision or before hand? Take: In a Mutual Consent Divorce the que. of alimony does not arise as being touted by various ld. brothers ! Mutual Consent means both parties agrees to certain terms and conditions and thus agreeing they execute the agreement / compromise deed and present it as exhibit along with mutual consent divorce petition for first motion and post cooling period of six months while sticking to terms and conditions of jointly executed agreement / compromise deed they seek court to dissolve their marriage mutually. Here court dissolves the marriage and not that parties have rigth to dissolve their marriage under mutual consent divorce. Hence I differ to all three ld. brothers advise which is based on contested divorce where alimony becomes a affidavit / application question at any time and subsequent thereto in a decree in proceedings under HMA for decree of divorce ! I find funny when one of the ld. writers suggests / writes that court will decide post mcd how much alimony for wife ! Then the que. is what for mcd was done by parties when they could not decide on how much to pay to other spouse for divorce!!!! 2. She is emotionally blackmailing to pay her as 20 lakh alimony as she is mentally disturbed and physically not fit to work so she want to secure her future and she will not get married and adopt a kid as she will not get married if she is a divorcee…but it is the same case for me as well. She is currently having 25 lakhs from the last 4 year of our marriage and I have nothin and she is asking for another 20 lakhs, Can you suggest what is the right amount alimony a husband needs to pay? Take: If you understood above take then remove this que. of 'alimony' Now come back to agreement that you may have as per your capacity to end marital ties with your wife and that is the 'figure' you shall put jointly (as in agreeing) in a jointly executed agreement / compromise deed. Rest if she already has your 24 l and needs another 20 l is a subjective well I am not touching as in reply / suggestion. However the best practice is to make agreement / compromise deed and get it executed and present it alogn with mutual consent petition. Secondly suppose if you wish to meet 20 L then the best way if you are too desperate for divorce is to put a para in agreement that half of 20 L at the time of first motion recording of statement and balance half is deposited with Court by way of DD to be released at the time of decree sheet preparation. Further another para could be added in agreement / compromise deed that is 'in case either party does not fulfil terms and conditions of this agreement then the amount already paid by party 2 (husband) wto party 1 (wife) will be returned without interest to party 2 and both parties may have option to folow course of law in such instance matter(s)'. With this your aprehension that she may not agree to come on board for second motion is also fulfilled and you may seek civil remedy to recover you half amount and also it more or less binds the other party to get it over with and get the balance amount if both are need (desperate) for divorce. The balance half is pledged to the file of the Court in the name of wife and in first motion statement it comes as mention so Court can't release it without she coming on board for second motion and for first half amount that you paid at first motion is also safe in case she changes mind. Both of you go independent way happily if desperation in seekign divorce is the root que. here.	"

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Alok Tholiya (self employed) 25 October 2011

u have not given the reason for divorce. So I take that somewhere u r at major fault. If u want to save ur skin and honourably get out of marriage then what she is expecting.

If she is at fault, u have an vidence to claim so then u must file a case against her accordingly.

If both r confused and not in hurry then contest case and waste few years.

But remember since Indian society still does not accept divorced lady and widow in to 2nd marriage and thus practically her dreams of happy married like is shattered forever and knowing this she is willing to give consent

means u r lucky as she is otherwise supposed to punish a person who has ruined her life and happiness of her maternal side forever.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 25 October 2011

If you give money upfront, consider it gone forever.

Better to give in two installments and major chunk (bigger installment) at the time of grant of decree of divorce.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Alok Tholiya (self employed) 26 October 2011

Mr. Shonee is right the world is full of cheats and people who dishonour committments. And the other side will also think the same way. So is the roll of a solicitor / escrow account important who will keep the money and will pass on only when committments are honoured.