Community › Forums › Legal Advice India › Doubt regarding alimony
- This topic has 1 reply, 2 voices, and was last updated 1 year, 2 months ago by
Prorider4116.
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FFiercemanish8784
PARTICIPANT
March 28, 2025 at 7:46 pmIf a wife has the custody of children both (18+) and also has property in her own name but doesn’t earn enough to sustain herself can she get alimony or what would be the best way to proceedA civil suit has been filed with the intention to take back the properties in the wife name
If the wife proves that she earns well and has earned the properties by her income would she still get alimony? On the basis of domestic violence
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PProrider4116
PARTICIPANT
March 31, 2025 at 9:51 amFirst Scenario:There is no question of custody of children. The children above 18 years can decide where they want to live. Regarding alimony there is no fixed rule or formula that puts forth certain conditions to calculate the alimony. The court considers that particular case and assets & liabilities of both the spouses while deciding the case.
the wife who is not earning currently, has no savings in liquid form, has only a property where she lives with her children, has no rental income either, who has to take care of 18+ years if they are still studying or yet to get employed…. definitely has no means to sustain. She will definitely be given alimony. Read here for some more details
[https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
Second Scenario:
Wife who is still earning and properties bought by her, if she demands for alimony or maintenance under different provisions – the assets & liabilities of both the spouses are considered by the court before deciding whether husband has to pay alimony or maintenance.
Read through this to understand better [https://divorcebylaw.com/why-should-a-wife-get-maintenance-after-divorce/](https://divorcebylaw.com/why-should-a-wife-get-maintenance-after-divorce/)
For further clarification contact us [https://g.co/kgs/aXdQ25Z](https://g.co/kgs/aXdQ25Z)
**Disclaimer:**Β In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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