Alimony,Divorce
How do we calculate alimony?
My wife filed for divorce on grounds of physical and mental cruelty. I stayed with her for 3 months. My age is 32 and her age 31. We have no child. Divorce was filed on 9th month that is after 6 months of marriage on grounds of cruelty and desertion. She filed a number of false cases after 10 months from the date of filing for divorce. I am a govt servant. If divorce is granted what are the things that will be taken in consideration for deciding alimony?
By  ullas ahuja  |  09 Mar 2016  |  Upvotes: 0  | 

3 Answer(s)

Vishal Kumar Thakur
Advocate

It's advisable to file divorce case with mutual consent but in the case of cruelty case can proceed. Whereas, maintenance depends on amounts in proportion to husband's income and status while wives if employed and according to her status may get less maintenance or if capable even very less amount of maintenance.

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Tushar Bhargava
Advocate

1. How could you file for divorce in the 6th month of your marriage when the law commands that you cannot file it before a year from the date of marriage? Has your divorce petition been registered by the court? Has the court given any finding on filing of the divorce prior to a year?

2. Divorce has no co-relation with alimony. Your wife may cull out alimony from you even if you succeed in getting divorce from the court. Many factors such as the income of wife, income of husband, the period for which marriage subsisted and liabilities of husband are to be kept in mind by the court while deciding the legitimacy of the claim for alimony and also the amount to be fixed. If your wife is earning then she is not entitled to claim financial support from you.

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Ravindra Purohit
Advocate
1) You cant file for divorce until expiry of one year of your marriage except in exceptional circumstances . 2) It is better you convert the existing petition of divorce into petition for divorce by mutual consent .Contested divorce cases take 5 years to be disposed off . 3) For grant of alimony court takes into account your income , your life style, whether your wife is working or not , conduct of parties and what court feels is reasonable amount .The age of wife , period of marriage is also considered by court while determining alimony to be paid to wife.
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