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victim (none)     10 October 2013

Divorce

i am preparing to file divorce against my wife who is still staying with me under same roof, grounds will be mental cruelty. 

if mutual consent divorce not possible due to high alimony demands, then i will have to go for contested one.

courts are biased towards females especially with child, i am not sure of my career prospects post this incident (am losing interest too),

i want to minimize alimony, i have no issues with giving alimony in form of monthly payments in sync with my earnings ( i am willing to increase too if my job prospects increase)

what are the factors on which alimony is decided (lumpsum v/s monthly maintenance)?

apart from the house we stay in, my hard earned savings are in form of bank deposits, FD, PPF, PF, stocks and shares.

As i know assets n liabilities are considered by judge to decide alimony, i want to say that i have no assets, how will my wife be able to prove otherwise, i did not know she is ready for divorce, so i suspect she has details of all my bank accounts, investments as i never hid anything from her



Learning

 3 Replies


(Guest)

Salary - expenses [all bills, all loans, all vehicle expenditure etc] = Take home Salary, on that 1/3rd will be calculated as alimony.

T. Kalaiselvan, Advocate (Advocate)     10 October 2013

First thing you have not filed a divorce case against your wife so far and in fact have not even decided whether to go for a mutual consent or on the grounds of cruelty?  As you said that you have never hidden anything from your wife especially with regard to your saving elements namely, FD, shares etc., it is an indication you had taken her into full confidence and you both had a good understanding between yourselves and that your marriage life was peaceful and happy, thus, the present problem of yours appears to be of minor nature which if given a deep thought about it,  I think you can arrive at a better solution than going for divorce against her (?), however, you are the better judge of your situations.  Now,  about the FDs in your name, you can close them even before maturity at the cost of losing ignorable interest amount when compared to the amount being included in the list of items taken for consideration for granting alimony, after that secretly deposit them elsewhere without informing anyone about this, the shares do not fetch you a fixed amount, further more the shares information can always be manipulated so that she will not be able to produce a substantial evidence of the same, about your prospective career and the increased remuneration in the future, as the very name 'future' suggests, future is not seen and mere predictions about the future will not hold good before a court of law, hence, go for additional liabilities to be deducted from your present salary namely lavish spending through credit cards, purchases, etc. etc., so that your salary bill will reduced to very thin margin, that way you can show a reduced take home salary by which the alimony also will be to that effect. Better think over again before taking an adverse step against your wife to lose your marriage/life.

Samir N (General Queries) (Business)     10 October 2013

Normally I am brutally critical about advocates in general. However, I cannot give you better advice then what Adv. Kalaiselvan has given you in the first section of his reply with respect to avoiding divorce. Your is what is termed as a normal wear-and-tear in a relationship and I doubt that you will be able to get divorce if she does not want it too. This hard before taking the D step.


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