Mutual divorce, alimony issues
10 months ago
We agreed for mutual divorce settlement in feb23 at same advocate, the other part is pressuring us for money, the advocate to scaring me about consequences, now am too scared, am in middle of arranging the amount which is bit high for me.
Want to know the duration for arranging the alimony amount and first file, any harm can be done to me in this duration period.
A.Hello,
When alimony is paid periodically: When the alimony is paid periodically/monthly, it is set at 25% of the total monthly salary of the husband. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. However, it is important to remember that there are no set rules for alimony as each case has different situations and facts.
When alimony is paid in a lump-sum amount: According to the divorce alimony rules, no set benchmark settlement exists for one-time settlement alimony. It ranges from 1/5th or 1/3rd of the husband’s total worth and is paid in the form of a lump-sum amount.
If the wife is working and earning good: In case, the wife is working and also drawing a handsome salary, her earnings are taken into consideration along with the husband’s earnings. Depending on these facts and figures, the court decides whether the wife will receive any alimony or not. If yes, then that amount is also decided by the court taking into consideration all facts.
If the husband earns less than his wife: A Hindu husband is allowed to claim alimony from his wife if his earnings are less than that of his wife or if he does not work at all. Such cases are rare.
In case, there is a change in circumstances after the permanent alimony is decided, either of the parties can file a Divorce Petition in court. These changes could include the wife remarrying, the wife starting to earn more than her husband or the husband being unable to maintain his wife due to financial crisis, the alimony-paying spouse starting to earn more or the alimony-receiving spouse getting richer. In all these cases, one can go to court and see if there is any scope for change.
When alimony is paid periodically: When the alimony is paid periodically/monthly, it is set at 25% of the total monthly salary of the husband. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. However, it is important to remember that there are no set rules for alimony as each case has different situations and facts.
When alimony is paid in a lump-sum amount: According to the divorce alimony rules, no set benchmark settlement exists for one-time settlement alimony. It ranges from 1/5th or 1/3rd of the husband’s total worth and is paid in the form of a lump-sum amount.
If the wife is working and earning good: In case, the wife is working and also drawing a handsome salary, her earnings are taken into consideration along with the husband’s earnings. Depending on these facts and figures, the court decides whether the wife will receive any alimony or not. If yes, then that amount is also decided by the court taking into consideration all facts.
If the husband earns less than his wife: A Hindu husband is allowed to claim alimony from his wife if his earnings are less than that of his wife or if he does not work at all. Such cases are rare.
In case, there is a change in circumstances after the permanent alimony is decided, either of the parties can file a Divorce Petition in court. These changes could include the wife remarrying, the wife starting to earn more than her husband or the husband being unable to maintain his wife due to financial crisis, the alimony-paying spouse starting to earn more or the alimony-receiving spouse getting richer. In all these cases, one can go to court and see if there is any scope for change.
Helpful
Helpful
Share
A.Dear Client,
Filing a petition for a mutual divorce is a way safer and smoother process to obtain an order of Divorce from the Court. With every divorce whether mutual or contested comes the question of alimony. Alimony refers to the money that has to be paid, by law, to a former spouse (husband or wife) after the Divorce process is finalized. Alimony has been a crucial factor in divorces throughout the years. Nowadays, men and women are looked upon as being equal in society. So, the burden of paying alimony can be on either party based on the spouse’s financial condition. While the law treats men and women as equal, it is more liable that the man is the one who will end up providing interim support to the ex-spouse at the time of the litigation proceedings. However, when the court sees that the partner who is asking for alimony is financially sound and capable of looking after themselves and does not need the alimony for similar lifestyle maintenance, the court can refuse to grant alimony. So without being scared with the Advocates approach, you may submit a prayer before the Court explaining your poor financial status and hardship to arrange alimony. Maybe considering the authenticity and veracity of your prayer, reduce the amount of alimony. You may consult with any other Lawyer on the subject for a second opinion and act upon which appears to you suitable.
Filing a petition for a mutual divorce is a way safer and smoother process to obtain an order of Divorce from the Court. With every divorce whether mutual or contested comes the question of alimony. Alimony refers to the money that has to be paid, by law, to a former spouse (husband or wife) after the Divorce process is finalized. Alimony has been a crucial factor in divorces throughout the years. Nowadays, men and women are looked upon as being equal in society. So, the burden of paying alimony can be on either party based on the spouse’s financial condition. While the law treats men and women as equal, it is more liable that the man is the one who will end up providing interim support to the ex-spouse at the time of the litigation proceedings. However, when the court sees that the partner who is asking for alimony is financially sound and capable of looking after themselves and does not need the alimony for similar lifestyle maintenance, the court can refuse to grant alimony. So without being scared with the Advocates approach, you may submit a prayer before the Court explaining your poor financial status and hardship to arrange alimony. Maybe considering the authenticity and veracity of your prayer, reduce the amount of alimony. You may consult with any other Lawyer on the subject for a second opinion and act upon which appears to you suitable.
Helpful
Helpful
Share
Read Related Answers
Can divorce possible-Legal rights for men
Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruel...
Forced to Sign MoU for mutual divorce
Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband...
Mutual divorce
Dear Client,
As regards Query: I, you cannot modify the terms of settlement of mutual divorce once it is accepted by the other party and verified by the Court and fix the case for final hearing, even,...
Query Regarding Mutual Consent Divorce under Hindu Marriage Act
Dear Client
The dissolution is effective from the date of passing the order but it is always suggested to obtain the decree which gives and solidifies the finality to that order.
single status certificate
Dear Client,
Until and unless a decree of divorce is passed by the Cournt, your son cannot apply for the single status certificate and cannot remarry as per the Hindu Marriage Act, 1955, because under...
Read Blogs on Mutual Consent Divorce
Mutual Consent Divorce Lawyers
Find Lawyers by Location
