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UI got married last December in Chennai , and I’m filing for divorce due to mental torture from my wife. She keeps yelling at me and bad mouths me to everyone.
She’s been living with her family for the past month, and when we sent a legal divorce notice to her this month, she retaliated by filing a police complaint and accused me and my family of harassing her for dowry (my family has NEVER asked her anything) and that I’m sexually and physically abusing her (again a lie)
If I file for divorce in court, I’m pretty sure she’s gonna file a lot of fake cases against me like dowry harassment, mental, sexual and physical abuse, along with degradation of personality.
My salary: 2.5 lakhs per month
Her salary: 25k per month (she just started working again since quitting her job last October for the marriage)
Marriage duration: 5.5 months
Children: 0; she’s not pregnant as well
Given this situation, how much would the court ask me to pay as alimony/compensation if I file for divorce?
Please advise.
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UYes. They called me and I went to the station where the female inspector never actually let me speak. She just scolded me thinking that all the accusations made by my wife were real
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UI’m in a similar situation. She stayed only for 20days. They asked for 5L permanent alimony for mutual divorce. I agreed that ill will half after filing and another half after the final hearing. Later, they demanded the full amount before filing. I denied. What if they don’t show up after getting the full amount?
I’ll wait for a few months. If there is no response from them, I’ll file for divorce, and high chance they will file a fake DV case or a Dowry case. I’m ready to face.
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ULmao why did you marry someone with such income disparity? Folks just wanna do AM to hit up someone atp
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ETry to find the reason behind her yelling is it because she got pregnant or something else because within such a short period of marriage a women yelling is uncommon
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UWhenever someone is getting married, always think of both the outcomes, good and bad, and take a balanced decision.
You only considered good outcome, you trust easily. This is a character flaw. Hope you’ll work on this and for the next time try finding one within your financial status radius, keeping the bad outcome in mind.
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DLawyer here. Since the marriage is less than one year old, a divorce petition ordinarily cannot be filed immediately under Section 14 of the Hindu Marriage Act unless exceptional hardship or exceptional depravity is specifically pleaded and the court grants permission to file earlier. In the meantime, both sides may still issue legal notices, initiate complaints, or explore settlement/mediation.
As regards alimony, there is no fixed formula, and the court considers factors such as duration of marriage, income of both parties, earning capacity and overall facts of the case. In a short marriage with no children and where the wife is employed, very high permanent alimony is not automatic. Though interim maintenance claims may still be raised during proceedings.
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UWe married under the Christian Marriage Act. We’re catholics.
We’re filing under lack of consumation of marriage and mental cruelty.
Do you know an approx. amount I might be asked to pay? I really can’t live with her without my sanity being discounted for
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DIf the marriage was solemnised under Christian law, the one-year bar would not strictly apply in the same manner. However, the maintainability and grounds of the petition would still depend on the specific provisions invoked and the facts pleaded before the Family Court. As regards alimony, no lawyer can realistically predict an exact figure in advance. In a short marriage of only a few months, with no children and where the wife is employed, courts do generally take those factors into account while determining interim/permanent maintenance. At the same time, the significant difference in income may still weigh against you to some extent.
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BRoughly 25-30% of your monthly income.
Try to give a one time settlement of 50 odd lakhs to get over this chapter of your life.
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NYour alimony matters less in this situation vs the settlement amount that you might need to pay in order for this to finish up sooner.
The court may or may not grant her huge alimony. But her filing all the respective false cases on you (expected behavior when undergoing a divorce) is to force a settlement from you.
Now it’s upto you to decide. Bear in mind, just because you get a divorce, the criminal cases filed on you will not get automatically revoked.
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SI’ll be honest, it’s late and when I saw your post I wasn’t going to respond since there are already so many replies. But I see misinformation has been provided so I had to intervene. Also, some crucial facts are missing, please answer them in order to guide you better:
1. Was that an arranged marriage ?
2. When did the matrimonial discord begin?
3. Any previous complaints filed by you or the wife?
4. Any evidence ( audio/ video / whatasapp ) to corroborate the mental torture ?
5. Any dowry received?
6. Why did you send a legal Notice? I’m sorey but it always worsens the scenario; alerts the spouse and gives her a golden opportunity to level allegations against you. Whoever advised that either does not have your best interest at heart or has missed the point.
7. Why has she been living with her family for the past month? Any dispute arose?Now as per your queries:
1. Without any delay, file one intimation at nearest police station, stating that matrimonial discord has arisen with your wife and she has threatened to file false cases against you. Please intimate me beforehand and such. Keep a copy of the same stamped and signed.
2. Send the same copy to DCP Office via speed post. Download the delivery report for future reference.
3. File a petition seeking contested divorce and annex the above complaints.
4. Although you’ve started on the wrong foot by issuing her a legal notice already, this allows her to seek legal advice, fabricate a story, dile false cases and respond against you.
5. Since you don’t have a child, alimony will be much less. But, it will be decided by you and your spouse, not the court. The court could only suggest a figure, unless she proved cruelty on your behalf. No man with no means can payhence in that case the maintenance amount is less
1. . However, in your case you are a man of means hence, the figure is subjective.
In short, there is no fixed figure. If your spouse is willing to separate, you could be allowed to pay 5 Lakhs and if she’s not ready then 1 Cr might not do. I don’t wish to discourage you but I’m just stating facts that there is kot standard figure depending your package.
It’s better you file the divorce before she files the case or you’ll lose this defence as well. Further, I’d or any good lawyer would require answers to above queries in order to guide better.
Hope this helps. -
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UThere will be many legal advices to separate. But not many ask to introspect and see if a marriage can be saved. It seemed from your post that you initiated the legal course and she retaliated. It is a 6 month marriage. It takes more time for a person to adjust in a new home and to new life. It would be an adjustment for you both. Instead of spending exhorbant money on courts and fights, why don’t you both( just the 2 and not involving family on either side) honestly and sincerely try private counseling and evaluate. You guys are already heading towards worst. Why not try something that may change something for better
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UHe is hiding facts about what he and his family did wrong. Only highlighting how his wife reacted to his misbehaviour. That’s why this looks incomplete and unbelievable.
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UGot lucky u got of this relationship early in the marriage.
Its very common to file false cases on husband, as Indian law encourages it.
Yes, alimony will be less but cant be calculated just like that.
Collect as many proof as possible, even the smallest.
Prove in court that you have been facing the torture from her and er family.
Stay safe, and be patient.
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UIndian men can never get Justice in India, dead or alive. Indian law only supports and encourges women who file false cases on men for alimony to grab hard earned money of husband.
Even if the false cases are proved to be false, law doesn’t punish women. There by encouraging women to file false cases. India men are not entitled to get Justice in india.
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