Divorce related advice
4 months ago
My friend wants divorce, but his wife is demanding 40lakh in term of alimony, even she lived with him a single day, he wants contested divorce, so how much alimony amount he should pay.
A.Dear client,
Under the Hindu Marriage Act, of 1955 the wife is entitled to get alimony on the following grounds:
1. If her husband leaves her without a good reason or with her permission.
2. If her husband is abusive to her.
3. Whether the spouse has a second wife.
4. If the husband has particularly severe leprosy.
5. If the spouse lives with a concubine.
6. If the husband underwent a religious conversion.
7. If the wife is living alone for another reason.
Regarding the amount of alimony, the courts decide on case-to-case basis so for that I advice you to take proper legal advice with the proper facts.
Thank You
Under the Hindu Marriage Act, of 1955 the wife is entitled to get alimony on the following grounds:
1. If her husband leaves her without a good reason or with her permission.
2. If her husband is abusive to her.
3. Whether the spouse has a second wife.
4. If the husband has particularly severe leprosy.
5. If the spouse lives with a concubine.
6. If the husband underwent a religious conversion.
7. If the wife is living alone for another reason.
Regarding the amount of alimony, the courts decide on case-to-case basis so for that I advice you to take proper legal advice with the proper facts.
Thank You
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A.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 or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. Alternatively, the petition for divorce cannot be filed with the petition for the restoration of conjugal rights. The law requires either spouse to pay alimony on divorce. As regards the quantum of alimony in divorce cases, there is no rule for paying the one-time amount of alimony. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Desertion by one spouse to another is considered a valid ground for contested/ one-sided divorce, and desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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 or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. Alternatively, the petition for divorce cannot be filed with the petition for the restoration of conjugal rights. The law requires either spouse to pay alimony on divorce. As regards the quantum of alimony in divorce cases, there is no rule for paying the one-time amount of alimony. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Desertion by one spouse to another is considered a valid ground for contested/ one-sided divorce, and desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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