Kabir (SE) 19 July 2014

Money vs no-money means alimony vs no alimony

I am software engineer with 5+ exp staying in bangalore only with my wife. No kids

My wife - My wife is PHD with some prior teaching experience in public school before marriage. Post marriage No work.

Background - We have been got into martial issues since first day of my marriage, bascally i feel that she is very very short temper, negative and can go till any extend to prove her self right and I should move only around her and her family. Same time i should leave my old parents on their condition in home town. Many times i felt that she is materialistic as well.

its been 2 yrs of marriage n hell lots of fight which gone out of house including police station, society, lawyers and counsellors. I was fired twice from my job from these incident and now searching for another one.

Recently I learnt that she is ready for MCD but want huge sum of money. I too dont want to stay with her any more but want to give only reasonable amount of money to her...

Can you pl suggest me what should be done?
What is the disadvanthahe of staying separatly?

How can i make her work so i will be having less burdon of alimony?

How can i avoid huge some of alimony.. I heard normally 30% even though girl is capable to work. friends, please suggest me in details suggestion.....

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5 Replies

Advocate Gaurav (Advocate) 19 July 2014

Dear Kabir ,

As you told she is ready for MCD then, go in deep "why she go for MCD". if there is someone or they are planning to go for second marriage then you can say "I DON'T WANT MCD" and they will bow down.

2nd keep the records of previous event evidence (eg. copy of police complaint, reason of termination for company etc.)

If you don't want to pay Alimony or want to pay less then be strong... bcoz if you pretend to be soft and needy for MCD they will charge heavy.

And pls share the full details with some good advocate at ur location (who deals only in divorce/family law) for better understanding.

Regards

Gaurav

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 20 July 2014

Dear,

You better go for MCD and so far as the maintenance and lump sum settlement is concerned, i think the court will not grant much of the amount because of following factors. like she is herself quite educated, you don't have any children, you are jobless and her acrimony towards you and your family will be all taken into consideration by the court and then alimony would be granted.

Advocate Kapil Chandna

9899011450

gautam (not disclosed) 20 July 2014

if she is educated and earning, the maintenance would not be much,

Kabir (SE) 20 July 2014

One more questions, I am getting into my mind. I am into kind of depression from everyday fight arguments and from her and her family confronting nature. I am taking medicine suggested by our counsellors for anti depression.

I am thinking to stay separate and find a new job and leave peacefully. What would be consquenses for staying separate?

gautam (not disclosed) 20 July 2014

Suggest you visit marriage counselor, this would also prove in court that you did try to normalize relationship before knocking on the doors of the law.

If you leave your wife and stay separate before filing divorce case, it could be looked as desertion from your side. try to bear a little more, be strong.

Also, if the place you are staying is own house, then she may claim injunction orders against you.