LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sirish kumar (others)     26 November 2015

Divorce- 498a- alimony what next?

I filed divorce within 3 months of marriage.

I admitted in divorce case filed by me that v used to have some rifts between me and my wife and i left her alone and went away to my parents without informing her.

I filed divorce within 3 months to marriage alleging CRUELTY AND MENTAL DISORDER on part of my wife. 

But it got dismissed and instead judge wrote in judgment that i harrased her. I appealed to high court. apeal pending.

498a by my wife is pending trial  for her evidence.

After 5 yrs to seperation my wife filed maintenance. i have to file counter in it.

Now my wife filed a petition  in high court  stating that  She is ready to give divorce to me (as reply to my appeal ) on her terms,not mutual consent,and asked for alimony of 1 crore.( i think she has plans of re marriage. she is 30 now)

Actually, as i wrote  i filed divorce within 3 months alleging mental disorder after that she filed 498a. since she filed it , though  she is willing to join me but i dnt want her. Divorce  dismissed stating that i harrased her. i didnt give her a single penny till date.(Almost 6 yrs to mrg) so in these circumstances 

1) my salary is 20 lakhs per annum. i have land on my name ,but she doesn't have any proof.

2) Will the High court grant divorce to us and 

3) will it grant alimony to her , and how much approximately? plz tell approx amount....

4) what happens if i dnt pay it ? ??

 5) can i escape alimony payment saying my wife is  very well educated and her family is rich? 



Learning

 4 Replies

sirish kumar (others)     26 November 2015

. @ Yentede banta. sir its regarding permnant alimony. not maintenance and DV.

some more  shrewed replies please.

B.N.Raja Mohamed (ADVOCATE)     26 November 2015

sIR,

The quantum of alimony cannot be guessed now. But the law allows the court to grant divorce with permanent alimony.If the case is decreed as prayed for with alimony you cannot escape the liability unless anulled on appeal by the high court or the supreme court but you can prefer an appeal against the judgement of the trial court only after depositingthe half portion of the amount awarded. 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     26 November 2015

Your query is unclear about where the demand for alimony was made . There is no provision where the said demand may be raised by her before the high court . So it must. E before some other court . As far as alimony is concerned, the same shall be awarded based on the financial capacity and earning level of only the spouses and the fact that the family of the girl is very rich shall have no bearing upon the Said decision

Markandeya raju   26 November 2015

U already have advocate merely posting such question is making ur mind complicated. Meet ur lawyer . Ask him.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register