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Rajaramana RV (Employee)     29 April 2014

Permanent alimony amount

Dear Members,

Wife has filed for divorce and maintenance hearings on. 

What I would like to know if husband is earning 40000 per month and wife earning 10000 per month, what will be the lumpsum permanent alimony payable to her. What does the court order or MCD amount in this specific case.

Clear answers will be appreciated. Thanks in advance.



Learning

 1 Replies

Tajobsindia (Senior Partner )     29 April 2014

1.    Your question is confusing if generic reading it down.

2.    If worry is on interim maintenance part then she will not get any interim maintenance as Court will see that she is able to maintain herself as being earning spouse.

3.    Later if she files for permanent alimony via an specific plea application then certain factors of both spouse are considered / argued based on which Court arrives at a just decision on how much permanent alimony she is entitled for in life or till she gets re-married and this stage happens at the time of passing Decree in Divorce proceedings and not now as made to believe us by this brief.

4.    If you just heard fancy family law term MCD and basing brief around it then let me advice you that MCD is like a carrot and stick between two spouses who are seeing each other in various Court corridors and want to end such sightseeing’s soon. The more emotional way it is handled by one who is most darning spouse among the two in question herein then that is what is consideration agreed permanent alimony amount to proceed on with a Decree in a MCD proceedings. Court does not come in picture to tell one spouse or coax another on permanent alimony amount in a MCD proceeding, it is purely subjective negotiations in cordial atmosphere between the two warring spouses that takes place between them and then presented before the Court to do enquiry and pronounce a Decree. Hence I suggest to explore here more on term called MCD and effects of monetary - kind give and take that couples undergo instead of typing respective two monetary figures in a brief and asking me a question on how much in MCD court will give as permanent alimony!

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