- This topic has 33 replies, 26 voices, and was last updated 1 year, 2 months ago by
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NHi,
I am M28 married to 27F last year in september. Things have not worked the way as planned – since my wife is adamant to not take a transfer from her office in Kolkata to stay with me and my family in Orissa. This is leading to a possibility of separation/divorce from her side since she most of the times talks about separation. I want to know if I need to pay alimony and if yes then how much do I need to? I earn 1 lac monthly and she earns 50k. I have done my MBA and have a student loan of around 16 lacs going on. Other than that I also have 1 lacs FD in my name. The property where I live is registered under my mother’s name. Our marriage is not consummated – not even during our honeymoon. She has lived with me and my family for barely a week post marriage. TIA. -
QYou can seek annulment on the ground of non-consumption. I think that’s best case scenario for both the parties
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UBased on what you said, you won’t owe anything to her since she is earning in the same ballpark as you.
You can’t annul the marriage.
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NAlso how can I prove that she earns 50k? I dont have her payslip. However I have a whatsapp chat in which she mentioned that she earns 50k.
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IYou just need to know where she works at, and ask the judge to instruct the organization to provide her employment details.
Apart from that, you, your wife and the court are needed to follow the SC guidelines of Rajnees vs Neha case in alimony decision.
NEVER EVER TELL THE JUDGE YOU CAN PAY X AMOUNT. EVEN IF THEY THREATEN YOU OR PRESSURE YOU. EVEN IF YOUR LAWYER SAYS TO TELL ONE. Just tell the judge to decide whatever they think is right in accordance to the above said SC guidelines.
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MCut the ties immediately I suggest you take first mover advantage.
I suggest you sell off the property in your mother’s name and don’t take money in your account (important)
I suggest you take on more loan (don’t use that money keep it save just not in your account)just to decrease your alimony as loan payment first alimony after.(Take enough loan that you don’t suffer giving alimony and maintenance and don’t take larger loan that you suffer to pay the EMI )
I suggest you then go tell here that you wanna seek a mutual divorce, this time their might be a possibility she will think to retaliate by putting false cases on you so be ready for all that.
THESE ARE ALL THE PREPARATION YOU NEED TO DO BEFORE THE LEGAL CASE START.
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CThere has to be some way that mods kick out the non legal background from giving horrible legal advice.
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MMutual divorce is the best but if things goes to fake cases(Iam assuming) it has been established that if husband has loan on him before matter coming into the legal system he will be subjected to lower maintenance and alimony as courts also see his LIABILITY not just his assets.
IN CASE OF HOUSE it in name of his mother it has been established that if she gives statement that she has lived in that house even for a day she can get a residence order under Domestic Violence (she won’t be owner but she can live there). To protect himself AGAINST this he need to sell his property.
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MShe doesn’t want to live there – that is the issue. What is the point of this advice in this particular case?
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MWell the husband asked for alimony and maintenance.
And wife is not taking transfer (means she can) is not choosing to live with husbands family and wants him to go to her which husband can’t as he might have his reasons(taking care of his parents and other obligations) which she is not interested.
This is how things spirel she knows he can’t come to her so she is laying ground work for the same (she might have affair their ) and men need to be ready for the worst as men will face the worst in court.
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CNAL….. sorry for your situtaion , try for a mutual divorce without alimony or if she wants you can pay her marriage expenses back. Listen what she is looking in alimony for as she is the one seeking separation. You should decide in both of yours best interest.
If you both don’t mutually agree, it’s a long way then !
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P1. You cannot go for a divorce within 1 year of marriage. Here there is no grave danger to life, this period will not be reduced. Also, you need to have a valid ground based on which you are seeking divorce. Check the grounds here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
2. You can also go for Mutual Consent Divorce where both of you agree to the terms and conditions of divorce. If your wife is not willing to stay with you, she has to agree not to ask for any alimony. check the procedure for mutual consent divorce here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
3. Alimony or maintenance – only if your wife asks for, the court will look into the possibility. However both the spouses will be asked to declare the assets and liabilities on affidavit. You don’t have to worry about properties in the name of your family members as long as they are not your self acquired assets. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
4. Annulment of marriage – needs strict proof of the claims. from the facts mentioned here, there is no ground to seek annulment [https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/)
For further clarification contact us [https://g.co/kgs/uPGHH3B](https://g.co/kgs/uPGHH3B)
**Disclaimer:** 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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RWhile general response is almost always about going for MCD or fault-free agreements, on a second & wiser thoughts – try to improve the situation. Talk to some common relatives for both families , go find a job in metro like Kolkata . Her only disagreement is not to leave her job and come live with you & parents in Odisha (which most working girls demand after wedding)
This kind of reason will not fly far in courts, and all the current differences will no longer exists once ice starts melting between the two of you.
Making the matters legal at this stage with further complicate matters, and drive a much wider wedge, no looking back kind of situations. Talk to parents also to give some amenable advise
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