Alimony case : need advice

Dear Renuka

Thanks for posting reply.

I almost waited for 10 months and my parents before the case called my husband to sort the matter. But he didn't come. 

Then when I was ready to file a case, he knows about that and before me filing a case, he actually file a false case against me. Only after that I file a case in court.

And about intention to lead maritial life, both husband and wife should co-operate. Co-opertion can never be successful on just one side. He and his family, lies from the start and now also they are lying about so many things. But there is a limit to bear that. 

I want to go to husband's house but from past 10 months, he didn't ask me to take home. Infact he demands child custody. And he want child custody because he don't want to pay for the child.

After I file a case, a got phone from some police which I'm sure is a fake call, and they guided me to do the abortion of the child as the child will be useless.

Well, I'm not a fool to just file a case for money and ruin my maritial life. After lot of thinkings only a girl can resort to court.

And you talking about mutual divorce, He will give me for sure, but he won't give me a single penny.

Now my parents spent 40 laks for my marriage. And as per you I should take mutual divorce and won't get a single penny. And I give the child to my husband who are not intersted at all in the child. Hence spoil the life of child itself.

My child was suffered from some heart problem, and private hospital charge is about 15-20K per day. And no time frame was given to me. Then I go to AIIMS for my child. And m husband knows all about it. Infact his lawyer call my parents in AIIMS to meet the child and when he knew about my child is in AIIMS, he didn't call. And you say that Child will have problems because of me. If that time my husband didn't help me for the child, how can I give my child to him?

When I'm writing this post, I can't put all more than 1 yr story in this post. 

And about settlement, I want to go my husband home, but he don't need me and my child at all. And if I go to my husband home then who will take the guarantee that nothing will be done to me?

You can't even imagine what is money for them?

Just commenting about anthing is not the solution. And don't know how can you compare two cases especailly when you don't know me at all.

Well I have lot of say, but can't put here more story.

When you say your husband has salary/income Rs1,50,000/- per month you are not clarifying what actual amount he gets in hand after all deductions, secondly the dependent is his mother according to you, but what about his other commitments like repayment of loans etc, that he may have taken for some reasons.

You child no doubt his responsibility for the life till the child  attains the age of 18 years but as we all know the age of 18 years, the child is still in school and completely dependent on the parents till he/she completes the higher education and starts working. If your husband takes complete financial responsibility of the child till that period it will be big relief for you.

The custody of child is with you but the husband should be allowed visitation for the child, he may even claim the physical custody if you remarry and he remains unmarried this issue will also arise in future, he may even seek complete custody at later stage on the ground he is completely financially supporting the child.

As far alimony and maintenance for you, your educational qualifications and previous working experience will also be taken in consideration along with your minimum financial needs, keeping in mind this, you may be allowed about Rs20,000/- per month for self and Rs5000/- for the 2 years old child for the time being that can be enhance in future with change of circumstance.

@Vijay Raj Mahajan : My husband income is 1,50,00 per month after all deduction. And he has taken no loan.

Also I never worked in any organisation. And in future also, I don't want to work. And I clarify this thing before marriage also.

He is living a lavish life. He has 350 sq yards house with all modern amenties. And I have no house to live in (now parents house is not consider mine).

Can you please tell what min amount per month can I get provided child is with me?

If I take divorce, which I will then what min alimony can I be granted for me and for child? Please note I will remarry after divorce.

Look I'm not the judge to decide the issue of alimony and maintenance for you, what minimum that you can get I told you it may be more than what I stated that you may get, but if you remarry the monthly maintenance will come to an end as than your husband will move application for stopping the payment for you after your remarriage, it will be your second husband's responsibility to provide you maintenance.

Also my child if of 3 months now. But my child expense is 10,000 per month.And it will increase gradually. And for higher education, there is lot more money that I need for the child. And that too after 20 years.

I need one time amount after divorce. What min alimony can I be granted if I applied for divorce?

Engage a senior lawyer like me for getting you lumpsum amount of alimony he will get you same from your husband may be Rs 50-75 Lakhs.

I need a lawyer who will able to get me max amount of maintenance. 20-25K is very low.

With only 25K per month how can I get 50-75 Lakhs of alimony? 

Hi neha,

First of all you do not file divorce petition if you need maintenance.May be you are post graduation but it will not really effect on your maintenance. Its is not your burden to proof that he has income of 1,50,000 and he is living in 350 yards house. It is also truth no one can say how much maintenance you will get as it depends on judge. 

Would you mind sharing your educational qualification ? You said you chose to not work, and cleared this thing before marriage. It sounds like an ultimatum. Don't take me wrong but I think court will not honor your ultimatum that your choice to not work is the final word, and nobody can ask you to work and support yourself.

However he is bound to provide support for the child, same way you cannot and should not disallow his access to child. You might get money for the child but it will be as per his/her expenses and you won't have much freedom controlling that fund, and be accountable for the child's expense. If you have intention of extracting money using your child, it would not help. It does not sound your husband is a bad father, and also if he doesn't plan to remarry and better suited to financially take care of the child, you should think of long term well-being of the child.

A two months stay, which is like a mere nightstand, and lifelong expense for the child born out of it even if you dont want to allow his visitation access ? Also given that you are more eager to move on than him. Do you work for some extortion racket lady ? I would have also advised to abort the child to not bring an unfortunate soul in earth in the first place. God bless the child !

I know how the things are moving in Indian courts for settlement of divorce viz a viz alimony issue in most cases. The demand of huge sum f money in crores not even lakhs are there from husband side and the final settlement that is taking place in cases where husband gets monthly in hand income Rs 1.5 to 2 lakhs goes upto to Rs 50 to 75 lakhs in lumpsum and mind you people are paying too huge sum of money in cash or in kind.

I have handled cases where huge sum in crores were being given/taken for finalizing the matrimonial dispute. When I say this in public forum I mean it.

The evidence becomes irrelevant when the settlement is being done by parties, how and from where the husband gets the money is not important what is important is giving that huge sum of money.

Mr Kumar mind it the lawyers who are dealing in divorce cases know how difficult it is to work out the dispute between the parties and huge sum is the important solution to get rid of all troubles. If the silly laws with regard to cruelty and dowry (section 498A, DP Act, DV Act etc.) were not there and were not being misused there would not have been any blackmailing/intimidation by wife side for husband side, your bl**dy Congress government at different times had been making such laws and encouraging all this to happen so don't talk to me in this manner as if I'm misguiding this lady, she is neither related to me nor I'm getting any financial benefits from her.

I may be new member of lawyers club but i am not new to Criminal petitions or divorce cases. This case of yours is not much complicated. Believe me you are not the only woman in this earth who is demanding alimony or maintenance. Ther are many other ways to deal with situation like yours. But only lawyers know how to turn every case in our favour. What i hav said before like no body can force court to get the desired amount of alimony or maintenance as the case may be, it is discretion of the court. Do you want to live with him seperately, i can do that for you.

Contradictions have come out as far as i have read. First you wrote your parents live in rented accomodation and then you wrote, that you have no house to live in (now parents house is not consider mine). 

That means either your parents has a house or not. First decide that. As per the Hindu Succession act, 2005 you have equal right in your parents house as your brother has. Moreover, if your parents were/are living in rented accomodation how can they spend 40 lakhs on marriage (when a house can be bought in 40 lakhs). I doubt. Anyways, you have to prove this in court of law that expenditure was of 40 lakhs. Even if you prove that, then marriage expenses are not returned to you as per the law.

You have asked straighaway question on money, that is the reason learned members here have taken this post as extortion of money from husband which is the modus operandi in most of the matrimonial cases these days.

If you are educated and capable to earn, i feel you want to be a burden on everyone. I would advise you to stand for yourself and start earning. It would help you in longer run. Rest decision is yours, as we can only advise. 

Moreover, if you want to remarry after alimony. then alimony is for maintenance and for lifetime. Dont use such statement of remarrying in court as it may go against you that you married only for money.

Your kid will be your responsibility once you remarry cos if your 2nd husband does not adopts the kid legally, then you have to bear the kids responsibility. For one time alimony you can prey to the court, it's judge discretion how much amount he decides only if you win the case. If cruelty is not proved, no alimony no divorce will be granted.