Legal Question in Family Law in India

Divorce case - how much alimony is possible?

Hi - my wife and I lived in USA for 6 months after marraige (marraige happened in Aug 2008), decided marraige is not working and moved back to India to get a divorce on mutual grounds.

Upon reaching here, she started making crazy demands for money (she wants something like 40L) which I do not have. So after arguments, she has filed a case for dissolution of marraige.

My attorney advised me to apply for ''Restitution of Conjugal rights'' to lessen the damage. I did the same. I now know that she is 100% not willing to come back and live with me.

Now I have 2 questions - if the case is decided in her favor, does she have a chance to be granted a monthly alimony for LIFE? Meaning - will they order me to pay an alimony for life?

Also, I do have a property in my name (and she has a separate property too) - can she stake a claim to my property?

Please advise! Thank you!


Asked on 4/21/09, 3:46 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce case - how much alimony is possible?

All depends on court's discretion and full facts of your case.

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Answered on 4/23/09, 2:06 am
Sumit Mehta S 'n' S Law Offices

Re: Divorce case - how much alimony is possible?

yes you will be liable to pay allimony to her as per the court orders untill she remarries. allimony depends on various conditions such as whether she is working or not etc. she can claim her right on the property. the court shall decide on the issue

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Answered on 4/23/09, 4:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce case - how much alimony is possible?

Yes, she may entitled to monthly maintenance allowance or a lump sum amount towards 'permanent alimony'.

You may be directed to pay maintenance for life till she remarries.

She may claim stakes to the property owned by you as a charge for her maintenance.

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Answered on 4/22/09, 1:02 am
Nandita Haldipur Haldipur Associates

Re: Divorce case - how much alimony is possible?

she can claim maitnaince/alimony from you if she is not able to support herself she cant stake a claim a share in your property

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Answered on 4/24/09, 9:46 am


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