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Author Topic: How much Alimony do i need to pay to my wife earning Rs 30000 if i am unemployed  (Read 590 times)

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Offline KaranSohal

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How much Alimony do i need to pay to my wife earning Rs 30000 if i am unemployed.I have a year old daughter too.

Can i ask alimony from my wife.
« Last Edit: May 27, 2016, 09:06:30 AM by KaranSohal »

Offline adv.amarnath

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Let me tell you first that if your wife is earning Rs.30000 and you have cogent evidence in support of your contention, then there is no question of payment or order for payment of alimony. It is against the provisions of Section 125 of the Cr.P.C.

Now if I critically analysis the provision alimony, then I must say that marriage is not a child's play and not suggestible to get married when a husband is not financially stable to maintain his wife. Generally, during the marriage, husband is an employee/ business man, etc (having source of income) but in life there is ups and downs and private jobs workers may face adverse situation of getting fired but that does not mean fired person shall not be able to income for his life time. Further a man cannot be survive without daily bread and butter with some earnings. So, in the eye of law, it is the responsibility of a husband to maintain his wife and kids during his life time. Even it is also pleaded before the court by the Advocates that well bodied persons cannot say that he is unemployed for more than 6 months or more. Several judgments are prevailing which I rely when I appear on behalf of the wife.

Anyway in respect of your situation, your Advocate must react and prepare your defense very strongly and should not mention what evidences you have at the beginning of the case. Good pleading will/ can save you from paying alimoy.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

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Hi
Totally agree with the comments of Shri. Adv.Amarnath.

Adv.Amarnath: Very well stated sir.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advjaibansal

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Dear Sir,

If you will be able to prove that you are unemployed and your income during the period when you were employed was less than the wife is earning presently. Then you may not be entitled to pay any maintenance to your wife. However at the same time you will be liable to pay maintenance to your child. Being a father of the child, you are under obligation to pay maintenance to the child. Court may pass an order directing both the father and mother to share the maintenance equally.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Advocate M.Bhadra

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Quantum of alimony depends on your income and  liabilities, if your daughter is now in your custody and maintain herself then you have pay alimony only to your wife, unemployed does not matter.

On the other hand if your are unemployed and your wife is working then you can claim alimony from your wife by filing a case of Restitution of Conjugal Right with a petition of alimony.

Section 24 in The Hindu Marriage Act, 1955

Maintenance pen dente lite and expenses of proceedings. —Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

M.Bhadra,Advocate at Kolkata,9836589246

 

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