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amod   07 September 2016

Looking for divorce

Hi,

This is amod i have been married since June 11 2011. From beginning we having issues with our relation. my wife is not adjust for single thing. she is not listening to me. nor have any physical or mental relation to me. she is working and having 20,000/- salary monthly. from last one month she is staying seprate from me and staying with her parents. i have one baby boy 4 years old staying with my wife. my wife is very abusive and always fighting with my mother saying go out from my house. Now i decided to take to divorce what shall i do now ..? and what amt i need to pay as a alimony to wife as she is working. i want my child with me.



Learning

 8 Replies

BEENA SINGH (Business)     07 September 2016

If you have valid ground for divorce than you don't need to pay alimony consdering the other facts that she is earning and you have been taking care of the kind.

Further, it could be also possible that she may not be interested in keeping relation with you. so u can have disucssion with her and file mutual consent divorce further for mutual consent she may ask for some alimony that you have to arrive mutually after having discussion with her. I suggest so that because in mutual there would not be waste of time, money and mental harassment.

Again filing divorce case under normal course alimoy would depend upon facts of the matter and consdering your financial position it would upto the discretion of Ld. Court 

Sachin (N.A)     07 September 2016

You need to file divorce case and a case of custody under gurdianship act.

she will file various cases like DV act , 498a etc be mentally prepate for them.

as you say she is earning you need to give maintenance for your child, Amount will depend about what she shows the expenditure incurred on child because she is also earning amount half the amount of total expenditure on child.

Sachin (N.A)     07 September 2016

You need to file divorce case and a case of custody under gurdianship act.

she will file various cases like DV act , 498a etc be mentally prepate for them.

as you say she is earning you need to give maintenance for your child, Amount will depend about what she shows the expenditure incurred on child because she is also earning amount half the amount of total expenditure on child.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     07 September 2016

Alimony shall be continget upon several factors and it shall not be possible to decide or determine the amount wuthout a proper review of the facts.  It could also be zero in case she is found to be at fault. As such the outcome of the cusotdy of the child shall also depend on the facts of the case, but the primary considerations are the bnefit of the child as well as the capacityof the parents to able to sustain the minor.

Blanket discussions wont benefit you in any way . Will lead to further confusion due to mulitiplicity of opinions as well as large number of replies. Better approach would to be to have a proper consultation with a competent attroney who shall be able to handle your case.

Augustine Chatterjee

Advocate & Solicitor at Law

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Sachin (N.A)     07 September 2016

In india divorce laws are so complicated that it seems govt thinks this is his duty that two persons should not divorce and live together.

amod   08 September 2016

Hi All,

One more thing want to discuss is  i had purchased new house in 2013. home is on my name and with own contribution and having loan of 10 lac. is my wife claim for house property.

Sachin (N.A)     08 September 2016

No one can claim the property which is in your name. Your wife can only claim accomodation in case of DV Act but gerenally courts give amount of rent against it and same is granted at the time of deciding interim maintenance,

sai narayana   08 September 2016

House will be shown as your assets to justify their alimony demand so it indirectly put a hole to your pocket, whatever the income and property on your name and within the knowledge or her.


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