davis wilson (Engineer) 21 April 2014

How to determine alimony

I got married in 2007. Not taken a single penny as stridhan. A girl child was born in 2008. In 2009, due to petty differences in perspectives and opinions, false 498A and DV were rolled out against me and my parents. I subsequently filed for divorce. I’m a NRI earning an average monthly income of ninety thousand rupees (admitted at the court). Wife is not working although she has her masters. An interim order was passed by the court to ensure that a monthly maintenance amount of Rs 15000 is paid to her from my end which I totally comply with. All hearings and cross examinations are over. Currently awaiting final maintenance order. I’m the only son in my family and my future is uncertain. I’m losing hope and peace of mind. I talked to her and she said she will agree for divorce provided I give her 75 lakhs and 25 lakhs be deposited on my daughter’s name. Considering the above, do you think it is fair that this girl is asking for such hefty amount for an out of court settlement? How many more years do you think these cases will drag if I decide to follow the court? Is what she is asking for justifiable and fare? I can borrow money and give it to her and work all my life to repay what I borrow if need be. However, I’m not sure what is the right thing to do.

Advice from the members of this forum would be appreciated? Many thanks.

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6 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 21 April 2014

DV liabilities can go on technical issues

Depending on the case papers there are few escape routes still left even in gender biases law try to use them.

Q Slinger (NA) 21 April 2014

The problem is that you decided to agree with the courts order of paying 15,000/month! Did you appeal it? If not, why didn't you?

Another problem is that you have all these cases on your head and you are another country. The smart thing to would have been come here till the cases are over and then go back. 75 lakhs is a ridiculous amount. I know people who asked for 1 crore and when the guy was unrelenting, and played the game well..the girls side have now come down to 4 lakhs. Unfortunately, the guy doesn't want to settle anything less than 10 lakhs...the money they have to pay him to give her a divorce.

You need to wisen up and start fighting hard. Please join a local Save Indian Family chapter and learn to fight these gender biased cases and the terrorists.

Adv k . mahesh (advocate) 21 April 2014

yes do not relent to what they ask fix an amount and start below that figure and fight the cases and as above said you will succeed

here you have kid for which you or after divorce she or you has to see the happy future even though she is masters right now she not working she may demand that looking after kid and giving all amenities for better living she is asking that amount and a safe deposit on her kid name

Gautam Kapoor (IT professional Studying Law) 23 April 2014

@Davis - sad but true - 498 cases only majorly affllict who DO NOT TAKE DOWRY. Agree with Slinger and MR. Mahesh. 75 lakhs is a riduculous amount of maintenance amount when she has a masters.

For your stats

1)90000*1/3 (accepted percentage, provided your wife is not able to maintain yourself) = 30000 (since you already acceded)

2) 30000* 12 = 3,60,000

3) for 20 years 72,00,000 (even this is higher than 75 lakhs)

davis wilson (Engineer) 23 April 2014

)"90000*1/3 (accepted percentage, provided your wife is not able to maintain yourself) = 30000 (since you already acceded)

2) 30000* 12 = 3,60,000

3) for 20 years 72,00,000 (even this is higher than 75 lakhs"

But i need to get divorced from her . Thats my concern. I dont want her hanging on my shoulder for the next 20 years. So i was thinking in terms of permanent alimony. How to calculate permanent alimony.I know that she will drag the case on and on if i dont agree for an amount that satisfies her.