Legal Question in Family Law in India

Lumpsum Alimony reduction

I separated from my wife in India before moving abroad long back and want to divorce her on grounds of mental cruelty. My wife is a B.Com graduate and housewife and staying with her relatives.

She does not agree for mutual divorce with 6 lacs lumpsum alimony. Also she does not want divorce though she does not wish to stay with me and my parents just to cause harassment.

It is abundantly clear to me that monthly alimony is 20-30% of husband's salary. However I do not have a steady job abroad and want to settle lumpsum. Moreover my salary fluctuates.

1. Can I show the last salary drawn in India to the court while living together or do I have to show salary abroad eventhough wife is not me abroad? What if I do not presently hold a job?

2. Lumpsum alimony is how many times the monthly maintenance amount. Is it 12-24 times max?

3. Can RTI Act be used by wife to reveal husband's fixed deposits in State Bank of India?

4. What are strategies to reduce lumpsum alimony?


Asked on 7/12/09, 5:53 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Lumpsum Alimony reduction

in order you want reduction in alimony, you need to prove beyond reasonable doubt that your wife is staying away from you without a sufficient cause. you need to prove that you always wanted her and it is she who is harassing you. the alimony would be decided as per your present status and not your stay in the past in india. she can reveal your fixed deposits in SBI but you need to mention as to who has filed the case.

Read more
Answered on 7/13/09, 1:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Lumpsum Alimony reduction

1. You may have to disclose your actual income of the preceding years - earned in India and / or Abroad;

2. The lump sum alimony is to be decided by the court; the amount should be sufficient so as to generate a steady income for her living as per your financial status;

3. Yes.

4. An amicable out of court settlement.

Read more
Answered on 7/12/09, 7:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India