Pradeep (Delivery manager) 19 February 2014

Need guidance to evaluate alimony

Hi,

I got married in 1997 and I have a daughter who was born in 2000. They both live in a flat which I bought in 2006. Since I bought the flat I have never lived there and because of our differences I got separated from them. It's been 7 yrs from then that we are separated and I m paying for the home loan,their maintenance and my daughter's school fees too. The home loan was 18 lks and the emi is 18 k pm, the flat costs around 40 lks today, the loan was taken for 20 yrs so, 13 yrs emi is still remaining, which is around 26 lks. I have been paying the maintenance 20 k pm and education 1 lk per yr. All these comes to nearly 40 lks in last 7 yrs. Till today she was not agreeing to give me divorce but now she agreed but again she's asking me the house, 60 lks for her maintenance and education for child. I earn around 1 lk pm but I couldn't save any money because of paying such a huge amount to her. Now I m not in a position to pay her this much. I strongly want to sort this matter in mutual consent only, but have no idea what I should offer her as alimony. If I calculate as monthly maintenance as 20-30% for her and additional -15% for child it becomes a huge amount. When I have already paid such a huge amount, now I can't again pay that much. Also according to my knowledge alimony is not calculated same as monthly maintenance . If I would have got the divorce before 6 yrs or even 5 yrs then the amount would be more less I guess....

So, please suggest me a proper figure what I should offer and justification for that amount. That way it will easy for me to negotiate with her.
Thanks

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3 Replies

great india (manager) 19 February 2014

When you people can't negotiate mutually in these yrs its time to knock at doors of the court. You can file a case and then negotiate.... Courts have mediation centeres and involve the court unto settlement if and only if you cant negotiate amongst yourselves. Else sit together and calculate... Alimony of 15 k is o.k. nowadays or anything close . Again lifestyles and standards of living also plays a role.

T. Kalaiselvan, Advocate (Advocate) 19 February 2014

There is no hard and fast rule in regard to the assessment of maintenance allowance and it all depends on facts and circumstances of the case before the court what exact amount would be appropriate in that particular case. Undoubtedly the economic conditions of the claimant and the opposite party are the most important factors to be considered at the time of determining the quantum of maintenance. The next important factor is the status of the parties and next one is the conduct of the parties. The other points to be considered include number of persons dependants on the party from whom maintenance is claimed. In India, an ordinary person, even after his marriage lives with his parents and also in some cases with brothers and sisters to. Therefore it cannot be determined by applying arithmatic formulae applicable to all cases. Where the applicant has sufficient means to maintain herself as to the basic needs of the life, such person is not entitled to maintenance. The court will have to take all the circumstances of the case into consideration as per the guidelines u/s 25 of HM Act.While considering the income of the parties, lands and hereditaments of the parties are to be excluded unless periodical returns are accruing from such assets. Income tax returns are relevant documents for determining the amount of maintenance under the section 25 of the HMA, these cannot be the sole basis in this regard and should be seen in the light of other evidence on record.

Pradeep (Delivery manager) 20 February 2014

Hello sir,

I want to go for one time settlement as paying monthly maintenance is becoming difficult for me now. My salary is 18 lks per yr, still I couldn't save anything because of the continuous payment to her. Please suggest.