divakar challa 12 July 2016

Permanent alimony settlement

sir I got divorce confirmation from AP high court from my wife on account of mental cruelty and mental illness. My son is with me. Now he is 20 years old. No maintenance was claimed by my wife as she is having 3acres wet land. I am Government Employee earning 1,50,000/- gross income per month. Now my wife is demanding Rs 15,00,000/-towards permanent alimony. Not only that she is insisting that our son shall look after her duly signing on stamp papers. else she will file Maintenance Case. As such I am 47 years old suffering with diabetis, Hyper tension and severe arthritis. My son though agreed to look after his mother after his settlement fears she may approach court as she is schizophrenic. Al;so she is saying that she wont come to Lok Ayukta and will sign only on stamp papers. I request respected group members to kindly advise me on this.

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6 Replies

Sandhya Srinivas (Advocate & Legal consultant) 12 July 2016

Dear Divakar Challa,

As your wife has not claimed maintenance during decree of divorce. She is entitled to file maintenance petition before Court.

Try to solve this issue by some settlement mode of bargaining alimony. If she is not agreeing then you have to contest the case that she is capable to maintain herself and the quantum of maintenace amount you can reduce by proving your case with documents of her 3 acres of wet land and other sources of Income.

There is no need for your son to sign any stamp paper.

Let her go to court and contest the case.

Vibha 12 July 2016

No need to give into unreasonable demands or live in fear of maintenance case.
If she files for maintenance, contest accordingly. Court will consider all factors and award reasonable maintenance if she is unable to maintain herself.
If it is possible to arrive at mutual compromise that is acceptable to both sides - that obviously is the best solution.

divakar challa 12 July 2016

OK sir. In that case I definitely will have to contest the case. What would be the appropriate monthly maintenance if my take-home salary is 1lakh and her income is 10000 from agriculture.

Mukesh sharma (job ) 12 July 2016

Hi divakar you need to contast your case and settel it out side of court if some possible talk with your wife and if she agree than you solve it without go on court but you need to take it all on record not verble

and their no need to sign any stamp paper for your son coz she can t his custody and as you tell your take home sallary too good from your wife than their no good reason she get your son custody so not sign any paper

contact with lawyer and go to court if need and show all record as you give to her like land and other if their some income to her

innocenthusband 13 July 2016

Originally posted by : divakar challa
	OK sir. In that case I definitely will have to contest the case. What would be the appropriate monthly maintenance if my take-home salary is 1lakh and her income is 10000 from agriculture.

Dont worry about what you will end up paying her. Worry about finding a good lawyer who can fight the case with available evidence you have of her possession of land.