Divorce vs. alimony

As you both are working none of you is eligible for maintenance, it doesn't make diffrence who initiate divorce proceedings. 

Your parental property has nothing to do with this case.

Originally posted by : RK
	Hello Sir/Madam, Myself and my wife lived for 1 year and then she had filed 498a which I have been fighting for 6 years. Now I am thinking for divorce. My wife is earning Rs. 70,000 in india and I am earing around $4000 in USA. Neither myself nor she has any properties on our names either in india or USA. However my family has some ancenstral properties which are on my father's name. No kids from the marriage.   1) Will there be any change in alimony amount if I initiate the alimony instead of my wife initiate the divorce ? 2) Irrespetive of who initiate the divorce, what will be alimony could be given as we both are earning good to live decent life ?  Thanks, RK.

Wrong advice by non-legal member Sachin.  Who will have to give alimony is only matter which will  be decided by court when appropriate application is given which cannot be foretold.  Today you might be earining, tomrw you might be jobless, so it can never be said in concrete.  If you want to file divorce you can file it.  But alimony orders depends on that particular day.

@useless hand.

No replies to fools like you.

If your 498a is proven false, you don't need to pay any alimony and will definitely get divorce (many citations exist). So first let that finish. Of course, if you file divorce it can take upto 6 years in family court alone and from there HC, SC etc. So best thing moving forward is to just hope that she wants divorce and files it first. Always let them make the first move. If they have any hint that you want divorce, they'll ride on you. Don't let that happen. Wait patiently for them to beg for divorce. Usually girls need divorce, not men, so that is your advantage.