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Legal advice on alimony and maintenance issues

Date: 07 Mar 2016   Posted By: souvik     Group: Lawyers    Category: Indian Law   

My nephew is a wife of a Doctor. Due to some dispute facts they have got separated and wife has lodged a case of judicial separation claiming maintenance of Rs. 12000/- per month in district court in 2003. District court has passed a decree of separation and awarded a sum of Rs. 4500/- for the alimony for wife and maintenance for son (2500+2000).

She was satisfied with the decree but unsatisfied with the quantum. So then she challenged the quantum to the apex court. The high court passed an interim order enhancing the maintenance from 4500/- to 5500/- and finally in the year 2009 the case was disposed by awarding of Rs 8000/- for the time being for the maintenance of wife and son.

After that due to hike of market price and increases of salary of O.P. she came for a revisional application to the district court claiming Rs 16000/- as for the maintenance and Rs. 7000/- for anticipated rent of house. which was amended by the high court totalling Rs 23000/-.

The district court came to a conclusion awarding Rs 12000/- as per maintenance. After that she challenged the order and high court enhanced the alimony to Rs 16000/- per month, but give a note that in support of her case the income of opposite party is in excess of Rs 80000/- per month accordingly the prayer of Rs 23000/- is a reasonable prayer.

Then the wife challenged the order in Supreme court. The Supreme court has passed an order that it does not contain any reasoning by which the court came to a conclusion that Rs.23000/- is reasonable. The order is totally based on the statement of the respondent/ husband who was willing to pay Rs 15000/- per month. So therefore the matter has to be reviewed.

Now what can she do?

Have queries about alimony? Get your answers from legal experts here.

Author: Mahesh    08 Mar 2016      Member Level: Gold     Points : 4  (Rs 4)    Voting Score: 0

Honest answer is : Nothing.

There is no way to contest alimony and maintenance. These days every domestic issue blindly favors woman. You can't ask Indian woman to work on her own and earn for herself in India. As that claim is taken as anti-woman. So you're left with the maintenance of wife and son there. With or without wife working the responsibility of son remains on your nephews shoulder. He should own upto that. He can however contest the alimony charges where he is forced to pay for wife's maintenance.

There are many people victim of similar issues where the working woman has also asked the amount as equal to the salary, leaving nothing for a man to survive. Such cases gone upto higher court with only result given in favor of a woman.

There is nothing that can be done there.

These days "statement" from woman is considered as truth and taken for granted. However statement from a man is taken for scrutiny.

Few options you do have where you can consult the matter.

Save Indian Family Foundation : This foundation helps you in domestic court issues. They have nominal fees and also some lawyers to advice you. So the best thing you can do is contact them and ask them for advice. If you consult with them then they can guide you on that front.

However based on my observation, once any dispute leads to alimony and maintenance side. There is no way back and "man" has no way to explain his side and is forced to pay by government. Whether the wife is working woman or not doesn't make any sense.

Author: Juana    08 Mar 2016      Member Level: Diamond     Points : 4  (Rs 4)    Voting Score: 0

"My nephew is a wife of a Doctor" – The statement is not understood. If the person is your nephew he cannot be a wife. Some clarity is needed here.
Alimony cases can be long drawn battles if either party is unwilling to compromise. Here are a few points for you to consider –
1. Hire an experienced lawyer who has successfully won similar cases. It is better to pay a onetime lawyer fee than fighting the case in courts and falling into the trap of paying higher alimony.
2. Is the woman qualified? Does she have a professional degree that can get her employment? Use that as a tool to negotiate the alimony amount. There are instances where courts have taken into account the woman's ability to work and sustain herself. Stress to the court that though qualified, the woman is unwilling to take on a job to pay for her maintenance.
3. Settle for payment of a onetime alimony, instead of monthly maintenance.
4. File for custody of the son. That will put added pressure on the woman and she might relent.
5. Challenge her claim that your nephew is earning more than 80k per month, by saying that his earnings increased after the divorce. At the time of divorce the man was earning a lesser sum and how can she lay claim on earnings he makes today when the divorce happened over 10 years ago.

Author: Sheo Shankar Jha    09 Mar 2016      Member Level: Gold     Points : 3  (Rs 3)    Voting Score: 0

The best way would be to approach a competent lawyer so that he can understand the urgency of education and the other financial liabilities of your child with the progress of time. These days the expenses in terms of education has sky - rocketed and so is the expense with health issues.
The money offered to you as alimony for your son appears to be insignificant and this does not seem to be a realistic figure for your future needs for your son.
This can be best reviewed by a competent lawyer and a fresh hearing should be initiated giving all the relevant inputs which would justify the rehearing of your case.

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