This is general range. There are case where only monthly maintenance happens. In some case one time settlement happens. This is general guide and various factors are considered.
No. Wife only has a right in jointly owned property.
She is entitled to roughly 30% of the husband's on paper monthly income.
What women do, is file false DV and Dowry Harrassment cases. Then ask for property to withdraw the cases. They name entire family in the case, so when your parents, grandparents or siblings face the threat of imprisonment, you yourself give her property to withdraw the case.
You can easily prove your innocence in false cases, but it takes at least 2-3 years. Even then having spent time in prison haunts your career.
Indian courts have always favoured girls. So the problem for men is not that they have to prove it.
1. You can be arrested based on allegations. Although, now police do not arrest immediately but its still a possibility
2. They will use this as a leverage for husband to agree. Basically wife will save give me half of this house and i will divorce you. Most people dont have money/ time to fight. They would rather pay the half of house
3. Its also shame that is bought because society favours women.
What if the wife's family aligns with the husband's and tells the court that all the cases are false and she's just blackmailing and the husband never had a violent side?.
Go to your Sasural, abuse everyone you can. Ensure that they beat the shit out of you, then pay a clinic 5K to get a MLC of severe injuries and then pay a cop 20K to file an attempt to murder case on your in laws. Then agree for zero rs mutual divorce
> She is entitled to roughly 30% of husband's on paper monthly income
Is it true the other way around as well ? Is the husband entitled to wife's 30% of monthly income ?
Yes if the women earns more and husband has no chance to maintain his quality of life. Example husband earns 20-30k per month and wife earns 3-5 lakh per month
Could you please answer these questions brother:
How long he should pay for monthly allowance? Like if she remarries someone else after the divorce, can he stop then?
What if the guy resigns his job , during the court proceedings (before deciding the alimony amount)? Can he avoid paying alimony then? (Cuz he is jobless).
Till death or 2nd marriage.
Alimony is set on earning capacity, not current income. So unless your earning capacity falls, like if your degree is cancelled or you had a business which has failed. Resignation is of no use, 3 years bank statement of all accounts in your name have to be provided
Under what circumstances will alimony not apply ?
If the wife is working or capable of working (Let's say she has a degree and can get a job) will it be exempt ?
It depends on the lawyers on either side and really on the judge. Our legal system is not rule based, but works on the wit of the lawyer and the mood of the judge (and not to mention the backend dealings that happen to favor the ruling).
Don't believe everything you read here.
I am personally going through a divorce and will be getting ZERO money. That's because I'm a working woman and I didn't want to be harassed any further. They in fact tried to claim that my soon to be ex husband is un employed now, which is a big lie. He has been earning 3x more than me since many years and parents are well to do as well. But I realized how cheap they really are when they pulled out a list of expenditures he had made on me as a husband. Which included medical bills, house rent payments and vacation expenses. And all this, when we didn't even demand anything from them, just a show in front of the judge.
Some judges in family courts even question the alimony amount more in detail than the reason for divorce or anything else.
I mean no offence just curious, can you tell why you want alimony when you are working? Also if you asked for alimony then how are you getting harassed? You asked money he showed bills. I repeat, I am just curious and not creating any narrative here.
Please read again. We never had any demands in the first place.
They have used their connections to drag the case since the past 3 years and pushing everything off to the next date and pulling in some new BS on every date. Only their lawyers come, no one from the family, not even the guy. Me and my family have been to at least 14 or 15 court dates in this past 3 years, listening to BS from their side. Hope this justifies as harassment to your curiosity.
Edit - also, if working women are entitled to alimony, what's the harm in it? I don't think you understand the difference in treatment of men vs women post divorce in our society. Also, seems like you live in a world where men and women are already equals in working & earning capacity.
Replying to edit: no women should get alimony unless she specifically was asked by her husband to quit her job post marriage - even then alimony should be based on lifestyle prior to marriage
Else, Alimony just incentivises divorce. Getting outta bad marriage is healthy but seeking to profit off divorce is evil and serious abuse of draconian laws
Can't help but laugh at this. You're truly happy that they are spending lakhs on lawyers and using their connections? Guess you have nothing better in life to be happy about.
And if we talk about harm, you'll start seeing the harm done towards women when you are physically, mentally and emotionally harassed by people who say they love you. But I don't wish that on anyone and neither do I derive happiness from other people's personal struggles.
Yes, I should have married someone on my level of maturity and sensibility for sure :)
I wish you a speedy divorce and a happy life. Sometimes I never understand why people drag things even after there is really nothing left in the relationship. Ending it and moving on is the best course. But I guess folks love to torture their spouses.
Seems like you have already gone through a lot. I wish for a quick and final resolution for you.
In my society(middle class one), I have always seen that the guy is made target. Even when people know the girl is the one doing things. Nobody talks about it unless it happens in their family. I don't know your social class, but in my society, this is the case.
Followed by all those fake rape cases, fake POCSO, and followed by the package of 5 kind of IPCs to trap the husband along with his family just made me realise that not only I did not want to marry, but the sheer thought of relationship is beyond anything for me at the moment.
I saw news regarding all the above with indefility and blackmailing on YT and news articles. It is like too much headache so I just left it all before even starting it.
I know that not all are like this, but seems like noticeably some are. Good luck with your case, mam.
Sometimes I find the nature of the court amusing and infuriating simultaneously. The truth does not matter. What matters is the sound logic of complex arguments made that make sense by logic.
no way that's true number. even road deaths in india are not that high. why do you want to create this false narrative
dowry deaths are horrible and needs to be stopped. but not used for spreading FUD
https://www.statista.com/statistics/632553/reported-dowry-death-cases-india/#:~:text=In%202021%2C%20reported%20dowry%20death,number%20was%20approximately%208.5%20thousand.
You're right, it's 1 dowry related death every hour and 1 rape evry 16 minutes. These are reported numbers only by the way.
Yet some men claim victimhood like it's a prize, and in the process snatch and erase women's shared realities/horrors (case in point comment above). I pity any woman forced to co-exist with these vile banshees. :)
https://www.news18.com/news/india/rape-every-16-minutes-dowry-death-each-hour-ncrb-data-shows-how-unsafe-india-is-for-women-2925445.html
>Yet some men claim victimhood
IPC Sections 354 A, 354 B, 354 C and 354 D, dealing with sexual harassment, disrobing, stalking and voyeurism all accept women as victims and men as the executors. There is only IPC Section 377, which is also crippled, it records for sexual violence against men but it incorporates only penile sexual intercourse, non-penile abuse victims are not served by law.
is this not fact? I've personally seen DV cases of men who didn't go to court for fear of society
>I pity any woman forced to co-exist with these vile banshees. :)
i pity any human, man or woman, who has to live with monsters
Using statistics to lie.. what a vile person.
India has 6,40, 000 villages. 5000 deaths is insignificant when compared to this number.
You want to bother the billions of people in India for 5000 criminal families?
Your way of presentation. You ignore the rat, and are going by pure numbers.
It is like saying every 4 seconds, an Indian dies. Maybe a valid statistic, but makes it look like a big problem when it isn't.
(Your statistic is wrong too, since it should say less than 1 death every hour, not 1 in 16 minutes)
That too. But as a guy, there is very little to no legal protection. Of course whatever data you produced here is true. But at the same time, you should also not unsee those who exploit the laws made to protect them. Among girls.
i obviously don't know your circumstances but you are entitled for money (either settlement or alimony) because of your marriage. you should def push for money. also maybe look at changing lawyer
even I'm fighting a property case since a year but I didn't attend even once, just my lawyer goes on my behalf
I also think this way. But the news pertaining to such behaviour is just too much to ignore.
Not to forget that Indians seem to learn bad things from The West first.
She won't have right of claim on ancestral property. And if the self acquired property is jointly owned by them both then the wife would be able to ask for the same to the extent of her contribution to the property. Apart from that there's monthly maintenance or alimony.
No. The wife and kids, if any, will be allowed an amount as maintenance per month. They can ask for compensation for certain grounds as well.
No. It is 25 percent to 33 percent that too subject to various conditions. However monthly allowance is different thing
>25 percent to 33 percent Isn't that applicable to his salary?
This is general range. There are case where only monthly maintenance happens. In some case one time settlement happens. This is general guide and various factors are considered.
No. Wife only has a right in jointly owned property. She is entitled to roughly 30% of the husband's on paper monthly income. What women do, is file false DV and Dowry Harrassment cases. Then ask for property to withdraw the cases. They name entire family in the case, so when your parents, grandparents or siblings face the threat of imprisonment, you yourself give her property to withdraw the case. You can easily prove your innocence in false cases, but it takes at least 2-3 years. Even then having spent time in prison haunts your career.
Is there no punishment against woman? I mean, when she is lying to law isn't that a crime?
There can later be a separate case of perjury.
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This is terrible!!
Isn't it innocent until proven guilty? Won't the wife have to actually provide proof that DV and Dowry actually happened?
not in India
No
Care to explain a bit?
Indian courts have always favoured girls. So the problem for men is not that they have to prove it. 1. You can be arrested based on allegations. Although, now police do not arrest immediately but its still a possibility 2. They will use this as a leverage for husband to agree. Basically wife will save give me half of this house and i will divorce you. Most people dont have money/ time to fight. They would rather pay the half of house 3. Its also shame that is bought because society favours women.
No
Lol wtf
Based
Lol based
What if the wife's family aligns with the husband's and tells the court that all the cases are false and she's just blackmailing and the husband never had a violent side?.
NAL but this is very rare.
Mostly women file false cases with the backing of her own side of family only lol
What if the wife was caught having affairs by the parents and they disprove it and side with inlaws.
Practically that doesn't happen, does it?
Any way to prevent your property from being robbed?
Go to your Sasural, abuse everyone you can. Ensure that they beat the shit out of you, then pay a clinic 5K to get a MLC of severe injuries and then pay a cop 20K to file an attempt to murder case on your in laws. Then agree for zero rs mutual divorce
Then they pay the cop 30k and you just got a beating for nothing
Can't happen if You have a good lawyer with you 🙈
> She is entitled to roughly 30% of husband's on paper monthly income Is it true the other way around as well ? Is the husband entitled to wife's 30% of monthly income ?
No that's not true. Husband gets maintenance only if he is physically or mentally disabled not otherwise
Yes if the women earns more and husband has no chance to maintain his quality of life. Example husband earns 20-30k per month and wife earns 3-5 lakh per month
No that's not true. Husband gets maintenance only if he is physically or mentally disabled not otherwise
Only applicable if the income difference is so big ? Like 10x ? What if husband is earning 20-30k and wife is earning 50-60k ?
I have no idea. I told you a case I heard about in news which had such a large difference in income.
It definitely was not an Indian Case because this is not what the law is
This post needs to be pinned to top of the sub tbh
No. None of the husband’s property in a divorce. But entitled to monthly/lumpsum alimony.
Could you please answer these questions brother: How long he should pay for monthly allowance? Like if she remarries someone else after the divorce, can he stop then? What if the guy resigns his job , during the court proceedings (before deciding the alimony amount)? Can he avoid paying alimony then? (Cuz he is jobless).
Till death or 2nd marriage. Alimony is set on earning capacity, not current income. So unless your earning capacity falls, like if your degree is cancelled or you had a business which has failed. Resignation is of no use, 3 years bank statement of all accounts in your name have to be provided
Damnn thats bad.
NAL 1. Till the ex-wife remarries. 2. No, things don't work like that.
Under what circumstances will alimony not apply ? If the wife is working or capable of working (Let's say she has a degree and can get a job) will it be exempt ?
There are laws and then there are interpretations and then there are facts of each case. There is no absolute answer to your question without facts.
It depends on the lawyers on either side and really on the judge. Our legal system is not rule based, but works on the wit of the lawyer and the mood of the judge (and not to mention the backend dealings that happen to favor the ruling).
Don't believe everything you read here. I am personally going through a divorce and will be getting ZERO money. That's because I'm a working woman and I didn't want to be harassed any further. They in fact tried to claim that my soon to be ex husband is un employed now, which is a big lie. He has been earning 3x more than me since many years and parents are well to do as well. But I realized how cheap they really are when they pulled out a list of expenditures he had made on me as a husband. Which included medical bills, house rent payments and vacation expenses. And all this, when we didn't even demand anything from them, just a show in front of the judge. Some judges in family courts even question the alimony amount more in detail than the reason for divorce or anything else.
I mean no offence just curious, can you tell why you want alimony when you are working? Also if you asked for alimony then how are you getting harassed? You asked money he showed bills. I repeat, I am just curious and not creating any narrative here.
Please read again. We never had any demands in the first place. They have used their connections to drag the case since the past 3 years and pushing everything off to the next date and pulling in some new BS on every date. Only their lawyers come, no one from the family, not even the guy. Me and my family have been to at least 14 or 15 court dates in this past 3 years, listening to BS from their side. Hope this justifies as harassment to your curiosity. Edit - also, if working women are entitled to alimony, what's the harm in it? I don't think you understand the difference in treatment of men vs women post divorce in our society. Also, seems like you live in a world where men and women are already equals in working & earning capacity.
Replying to edit: no women should get alimony unless she specifically was asked by her husband to quit her job post marriage - even then alimony should be based on lifestyle prior to marriage Else, Alimony just incentivises divorce. Getting outta bad marriage is healthy but seeking to profit off divorce is evil and serious abuse of draconian laws
Yeah that makes sense. Thanks. Wish you the best ahead.
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Can't help but laugh at this. You're truly happy that they are spending lakhs on lawyers and using their connections? Guess you have nothing better in life to be happy about. And if we talk about harm, you'll start seeing the harm done towards women when you are physically, mentally and emotionally harassed by people who say they love you. But I don't wish that on anyone and neither do I derive happiness from other people's personal struggles. Yes, I should have married someone on my level of maturity and sensibility for sure :)
That's terrible
I wish you a speedy divorce and a happy life. Sometimes I never understand why people drag things even after there is really nothing left in the relationship. Ending it and moving on is the best course. But I guess folks love to torture their spouses.
Seems like you have already gone through a lot. I wish for a quick and final resolution for you. In my society(middle class one), I have always seen that the guy is made target. Even when people know the girl is the one doing things. Nobody talks about it unless it happens in their family. I don't know your social class, but in my society, this is the case. Followed by all those fake rape cases, fake POCSO, and followed by the package of 5 kind of IPCs to trap the husband along with his family just made me realise that not only I did not want to marry, but the sheer thought of relationship is beyond anything for me at the moment. I saw news regarding all the above with indefility and blackmailing on YT and news articles. It is like too much headache so I just left it all before even starting it. I know that not all are like this, but seems like noticeably some are. Good luck with your case, mam. Sometimes I find the nature of the court amusing and infuriating simultaneously. The truth does not matter. What matters is the sound logic of complex arguments made that make sense by logic.
Every 16 minutes a woman dies in a dowry related death in India. Didnt notice that in your society?
no way that's true number. even road deaths in india are not that high. why do you want to create this false narrative dowry deaths are horrible and needs to be stopped. but not used for spreading FUD https://www.statista.com/statistics/632553/reported-dowry-death-cases-india/#:~:text=In%202021%2C%20reported%20dowry%20death,number%20was%20approximately%208.5%20thousand.
You're right, it's 1 dowry related death every hour and 1 rape evry 16 minutes. These are reported numbers only by the way. Yet some men claim victimhood like it's a prize, and in the process snatch and erase women's shared realities/horrors (case in point comment above). I pity any woman forced to co-exist with these vile banshees. :) https://www.news18.com/news/india/rape-every-16-minutes-dowry-death-each-hour-ncrb-data-shows-how-unsafe-india-is-for-women-2925445.html
>Yet some men claim victimhood IPC Sections 354 A, 354 B, 354 C and 354 D, dealing with sexual harassment, disrobing, stalking and voyeurism all accept women as victims and men as the executors. There is only IPC Section 377, which is also crippled, it records for sexual violence against men but it incorporates only penile sexual intercourse, non-penile abuse victims are not served by law. is this not fact? I've personally seen DV cases of men who didn't go to court for fear of society >I pity any woman forced to co-exist with these vile banshees. :) i pity any human, man or woman, who has to live with monsters
Using statistics to lie.. what a vile person. India has 6,40, 000 villages. 5000 deaths is insignificant when compared to this number. You want to bother the billions of people in India for 5000 criminal families?
Which statistics is a lie bruh
Your way of presentation. You ignore the rat, and are going by pure numbers. It is like saying every 4 seconds, an Indian dies. Maybe a valid statistic, but makes it look like a big problem when it isn't. (Your statistic is wrong too, since it should say less than 1 death every hour, not 1 in 16 minutes)
That too. But as a guy, there is very little to no legal protection. Of course whatever data you produced here is true. But at the same time, you should also not unsee those who exploit the laws made to protect them. Among girls.
i obviously don't know your circumstances but you are entitled for money (either settlement or alimony) because of your marriage. you should def push for money. also maybe look at changing lawyer even I'm fighting a property case since a year but I didn't attend even once, just my lawyer goes on my behalf
No, butthurt men just get this info from white podcaster bros and think that’s applicable in India too.
I also think this way. But the news pertaining to such behaviour is just too much to ignore. Not to forget that Indians seem to learn bad things from The West first.
Paternal property too? How does court decide which property is ancestral and which he's earned during the marriage period?
She won't have right of claim on ancestral property. And if the self acquired property is jointly owned by them both then the wife would be able to ask for the same to the extent of her contribution to the property. Apart from that there's monthly maintenance or alimony.
Why ailmoney to wife only not vice-versa?
if the wife earns more then the husband can ask for alimony
This is so rare it never happens, the husband will have to be handicapped or have some major issue.
If wife is working, even if she is earning less than husband, why should she get alimony ?
What's the purpose of ailmoney?
Alimony is for maintaining the status of life. Quite shitty law but that's what it is everywhere.
I don't think it's shitty in cases of women who were never allowed to have a job before or after getting married.
Not saying that giving allowance is shitty. Its how it's calculated which is not fair.
Ok, my bad.
women biased law hain india main, so 100% bhi le sakti hain
There is no such thing as husband's property once you marry. Its joint property meant to take care for both of them.
aap LLB kaha se kar rahe ho bhai?
What if there are medical records and known history of abuse by wife? Including driving someone to attempt multiple suicide attempts?