Reducing alimony by showing proofs
2 years ago
My wife is having affair with her boyfriend. I dont have any proof of their physical relationship.But i have chats where my wife proposed him.She also used to meet him personally in the name of shopping. She asked me to transfer money to his mobile number.Actually she loved him before our marriage and continued same even after marriage.No communication since 9months.Recently I came to know that her boyfriend married another girl.Now i want to file divorce against my wife .They are demanding 10lakhs and my wife is not interested in me and want divorce. Can these proofs be sufficient to avoid or reduce alimony to 3lakhs as my wife also want divorce.
Vaidehi Samant
Responded 2 years ago
A.If you have proof of your wife being adulterous then you don't need to pay her any alimony and instead you can ask your wife to give you divorce by mutual consent without raising any allegations against each other and without any alimony but if she doesn't agree you may in that case will have to file for a contested divorce petition wherein there will be several allegations and counter allegations and basically both of yours personal life comes in the light before the Court and also such cases are time and money consuming and you require a strong evidence of her adulterous relationship to do away with paying any alimony or maintenance to your wife so it is up to you whether you want to file contested divorce if your wife does not agree to divorce you mutually without any alimony. Or else you may agree with her demands and pay the alimony she demands and get rid of her legally but even in that case take care that you do not pay her alimony before the decree of divorce is passed by the Court and pay her by mode of bank transfer or cheque to keep the record available or you deposit the amount in the department of the Court which your wife can withdraw after the decree of divorce. Thank you.
Alimony depends upon the judge who after perusal of the facts and arguments, decides for the best of both parties. However, adultery or extra-marital affair is a ground for divorce and alimony can be reduced or sometimes negated for the same. All those proofs of chats will help you in defense while filing for the divorce.
Thanks
Regards
How to Court marriage certificate cancelled without divorce
Marriage problem
My wife hardly stays with me what should I do
Divorce case
Husband harrasment
