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Kabir (SE)     03 March 2014

Way to reduce the alimony?

I am earning 70k / month and my voilant wife is house wife with MSC degree.Its been 1 years of marriage  and no kids. If i plan for divorce then how much alimony court might grant. we r staying in rented house and no family members is staying with us. I dont have any properties in my name but some MF n Stocks.


In worse case senario, how much of alimony can be granted by court?
Is there any ways to save Alimony or make it less from my side??

Is it good idea, i can take home loan for long term to increase my expenses and property should be on my parents name?
 



Learning

 7 Replies

gautam (not disclosed)     03 March 2014

If court can see the ploy, it may not help much. They will ask why did you take property in your parents name especially when you are living on rent.

fighting back (exec)     03 March 2014

1/3 of your salary is the general and unwritten rule.....for divorce you need to have solid grounds.....its is not that easy, if you take another property, she can claim residence rights in that property

DV Act Buster (CEO)     04 March 2014

Buying any property on loan is a bad idea considering your situation. Continue staying on rent till your problem is solved till then show fictitious expenses and keep withdrawing monthly cash from bank towards your parents medical care. Get rid of your mutual funds & other traceable investments.

Biswanath Roy (Advocate)     04 March 2014

SORRY,this platform is to provide the authors with their expertise opinion towards the actual legal problems which the authors are being facing and to give legal advice in accordance to that. Advice towards PROBLEM FUTURO cannot be given because it will be speculative and uncalled for.

T. Kalaiselvan, Advocate (Advocate)     04 March 2014

As per law, Maintenance means any amount which may be sufficient for the subsistence and reasonable living of the party concerned.This will in each case depend in part on the standing of the parties, their wealth and the environment to which they in their married state have been accustomed.  What is reasonable will depend on the circumstances of each case depending on the status of the parties and the disposable income available to the spouse.

For determination of the amount of maintenance it should be determined what is the carry home salary of the person concerned so that a reasonable  amount  for payment may be determined.  At the time of determining the carry home salary the amount of deductions or expenses incurred by the opposite spouse which are optional may also be taken into consideration.  Further it must also be seen whether the optional expenses or deductions were made as a result of litigation between the parties with a view to deprive the rights of the  applicant.

Kabir (SE)     05 March 2014

Thanks all of your inputs.

She is MSc and capable to earn more thn 30K to 40k / month but she does not want to work. Same time she does have any house work as well. I am have breakfast, lunch outside and most of the time dinner too..


Do court count all these factors while taking decision. I am asking coz of I am completly done with this relation ship and wants some peaceful resolution but i know her family will oppose on MCD. So I m thinking to take legal way.

The main concern is alimony which i am ready to give but it should be reasonable. Please suggest me what should be next steps?

What are prepatations i need to make before filing divorce. i am currently staying with her..Should i leave that house and stay in separate house alone?

Gautam Kapoor (IT professional Studying Law)     08 May 2014

Kabir- why do you need divorce.Any strong grounds apart from voilent behaviour.Normally alimony is 1/3  your take home - all your liabilities ( your parents maintenance, medical expenses...your medical expenses for your aliments),loans,rent.

Buying any propery is not at all advisable per se your query

Sad thing is even the lady is highly educated and has worked before...you as a man cannot ask her to work or reduce your maintenance liability.You cannot say that even a maid works and looks after their children... then why not this lady.

If the company throws you out....and you are without a job then the maintenance amount can be reduced.


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