Regarding divorce and alimony

[Govind singh]

Dear Sir,

My wife has filed divorce in family court on grounds of cruelty for dowry and on ground of desertion (throwing her out of matrimonial home) u/s 13, 24, 25 & 26 of HMA. In her petition, she has asked for alimony of Rs. 50 Lakhs or monthly maintenance of Rs. 50,000 for herself and our child (in her custody). The 498a case is sub-judice. In fact, it is my wife and her family who defamed me and my family and did violence against me and my family and she deserted me and alienated me from our child. Chances of reconciliation between us are almost zero. I want to divorce her. My questions are:

(i) In my reply (WS) to her divorce petition, shall I mention cruelty by her against me and my family members and seek divorce from her on that basis or simply deny all her false allegations which are same as mentioned in her 498a complaint? What is the best way?
(ii) Since both of us want divorce but are contesting same on our grounds, if divorce is granted by the family court, is alimony also decided immediately within decree of divorce?
(iii) How is the amount of alimony decided in such scenario by the Court?

Thank you very much.

Regards,
Govind

[Dr. Ashok Dhamija]

As stated in the General Guidelines for this forum, we do not answer questions on facts for the reasons stated therein. So, we cannot comment in detail as to what stand you should take in defence. However, generally speaking, you can deny her allegations of cruelty. At the same time, since you appear to be having your own counter-allegations of cruelty, you can mention the same in your reply.

As both of you seem to be willing for divorce, it may be advisable to go in for a mutual consent divorce.

Yes, alimony would generally be decided at the time of passing decree of divorce.

For your third question, read: How is the amount of alimony or maintenance computed on divorce?

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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