Apni Law Staff asked 2 years ago
My wife left our home a year and a half ago and, despite our requests, she refuses to return. She’s demanding 10 lakhs in alimony. We were married for four years, but she often misbehaved with family members, leading to occasional disagreements. However, these were infrequent and never escalated to physical harm. We sent her an advocate notice to come back, but she responded with false allegations last month.
My annual income is 11 lakhs, with a net monthly salary of 70K. I’m 30 years old. My wife, 26, has no income but is capable of working. We have no children.
I’m worried about the alimony calculation. Is it fair that she demands alimony despite initiating the divorce without any major reason? She cannot prove dowry, extramarital affairs, or physical abuse. We treated her well and with respect.
Since only notices have been exchanged and no case filed yet, will the court consider the lack of a justifiable reason for divorce and potentially refuse her alimony? Can I present a lower salary to reduce the alimony amount, considering I have borrowed money that I’m repaying?
Best Answer
Apni Law Staff answered 2 years ago
Indian law does not automatically deny alimony if a wife initiates divorce without “major reason”. Courts consider factors like marriage duration, earning capacity, and financial need to determine alimony. While you can present your income and expenses, reducing your salary to lower alimony is legally problematic and could be seen as misleading the court.
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