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VN (Engg)     21 August 2014

Need suggestions/guidance on divorce

Dear Sir,

I am married from last 5 years in 2009, since the marraige my wife is harrasing by way of

1) taunting me for job/salary,

2) my dark skin  color, 3) Not ready to follow our simple rituals (4) Not allowing my parents to stay with us.

5) Always complaints against my parents to me and wants me to fight against them 6) As she is doing job still never supported me financially even when required 

Initially I thought since the relation is new all will get settle with time and also I was scared to disclose such thing with my parents.

But as time went on her behaviour never changed towards me and my family.  She forced me to move to her brother house on rent after moving there she became more arrogant as if she is queen and I am her servant and one day finaly she asked me to move out of the house in dec2012. I stayed seperated for few months but then both the families had a meeting and she came to stay with me. All were saying since we did'nt had a child there are issues and she also started behaving good. so we had child in Mar 2014 and also we moved to our own house. Now her behaviour changed completely and she again showing her previous avatar of harrasing.

 

If she is not ready for Mutual so before filling for contested divorce I want few queries to be answered

1) My wife is earning and  have permanent job can she claim any maintenace/alimony from me. if yes how much, on what basis it will be decided by court

2) On what basis one time payout/monthly payout i have to give for my daughter. 

3) If she claims a right on flat how the property will be divided since I am currently staying there. I am paying all the loans 

4)  what is your suggestion Should I sell the property before filling the petition. or transfer it to my close relative  as I dont want to give any share to her

5)  If i sell the flat there will be no loan on me can court ask me to pay more as there will be no liability on me.

6) Any other suggestion for you as i want to give her least amount as possible



Learning

 5 Replies

Suneet Gupta (www.vashiadvocates.com)     22 August 2014

There are a lot of options before you:

  • If the house is in your name only, then please dispose it off (sell it) and repay the loan. Do not transfer it to another relative as that can be used against you in divorce proceedings.
  • Thereafter you can file for divorce proceedings.
  • If your wife is earning, then she cannot claim maintenance. However, it depends on your relative incomes and earning capacities.
  • You will have to pay maintenance for the daughter depending on your earning capacity.

VN (Engg)     22 August 2014

Thanks Suneet for your suggestions.

I earned 70k pm my wife 20k. But I have a loan liability of about 46 K after deducting the amount I am left with 24K with me. I have to make all deeds in 24K . my parents are dependent on me they have no pension. if I calculate my expense will come out to be around 15-16 K. {excluding the medical checks ups or test for me and my parents). I am left only with 8K max.

My wife earns 20K with no loan on her.

1) Based on above calculation could you please tell  if she can claim any maintaince for her.

2) What will be amount I have to pay for daughter she is 6 months old.

3) If I sell of my flat  my flat  loan liability will be reduced then calcwill be 70 - 14 = 54K even after deducting my monthly expense it will be 54- 16 = 38 K so In this case  CAN MY wife claim maintainence for her ? Also will the maintence for daughter will  increase?

 

 

 

Suneet Gupta (www.vashiadvocates.com)     22 August 2014

The maintenance amount for wife is usually calculated as 1/3 of the husband's income. So in your case, the maintenance amount will be Rs.70,000/- x 1/3 = ~Rs.23,000/-. Since your wife is also earning, the maintenance amount will also take into account her income.

In this case the maintenance can be calculated at (Rs.70,000/- + Rs.20,000/-) x 1/3 = Rs.30,000/-, less your wife's income of Rs.20,000/-. Therefore the final maintenance amount should be ~Rs.10,000/-. The maintenance for the child should be an additional ~Rs.5,000-10,000/-. However, the exact calculations will be decided by the court.

If the house was acquired through your funds only, then you might not need to give her a part of it, else if it was through common funds, then the house might also be partitioned. If the house is not partitioned and left with you, then the EMI for the loan will not be reduced from your income for calculating the maintenance.

VN (Engg)     22 August 2014

>> Therefore the final maintenance amount should be ~Rs.10,000/-. The maintenance for the child should be an additional ~Rs.5,000-10,000/-.<<

If I have to pay 10k (for wife ) + appro 6k for daughter  then I am left with  54 K  I have to pay 46 k total loan, I I am left with 8 K to feed me and my parents.

WHAT an INDIAN law against poor harrased husband:(

 

sankar P (supervisor)     22 August 2014

 @ Suneet Gupta sir.. Thank you for your valuable information and precious time sir..


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