Legal Question in Family Law in India

Re: Alimony and property Distribution in Divorce

decision in alimony depents on your family, social status. more over your life plain before divorce will look into. The educational level given to your children and social status given by you depents the quantum of maintenance to your children. If you produce any evidence with respect to salary and financial status of your wife and evidences such that she was willing to live seperate from him with her own reasons, maintenance to your wife shall be avoided. In the settlement talk or in an undertaking,you can sugest thatyou are ready to give property to the children in their name.

if a loan is taken on the security of any property, a charge will exsist upon it. your wife shall not claim any share on the property while your lifetime,but she can attach the property in order to execute a decree for alimony. eventhough the first charge will be with the bank.

advice: if it is possible, you produce evidence for the earnings of your wife and the reasons for which she declained the marital status with you inorder to avoid payment of alimony to your wife. you are liable and bound to maintain your children.

Re: Alimony and property Distribution in Divorce

First collect proof of her employment.Show loan and other genuine expenses, dependants etc. Rest your lawyer will do for you.

Re: Alimony and property Distribution in Divorce

Hi Nikhil

It will be better for both the parties if you could reach an amicable settlement of all the issues involved - divorce, custody, maintenance and property.

You have not elaborated about the "decent proposal" you made which you claim was initially admitted as "decent enough" even by her lawyer.

The sufficiency of financial package you propose for your wife and children would depend upon your social and financial status. In law, after separation, your wife and children are entitled to live life as per 'standard of living' you had been maintaining prior to separation. Since your wife has children's custody also, she is entitled to at least one half to two third of your gross income or a decent one-time alimony settllment which may bring sufficient monthly income enabling her to live life as per your standard of living.

The facts provided by you are too short and sketchy and are insufficient to formulate a proper opinion in such cases. You are required to provide the age of children, date of marriage, date of separation, your income and all details of your personal/social/financial and marital life for an appropriate opinion.