|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.