Rich NRI Ordered To Pay Rs 50 Lakhs To Ex-Wife In India

Saturday, February 22nd, 2014 | Posted by admin

MUMBAI – A family court hasordered a US-based Indianheading a consultancy firm topay his city-based former wifealimony even though she herselfworks and earns Rs 65,000 amonth.The court while giving the ordertook into account the hugeincome disparity after comingto know that the husband earnsan equivalent of Rs 1 croreannually in the US. The courtrelied on several judgmentswhich observed that the womanwas entitled to live the lifestylethat her husband was enjoying.While the court directed the 39-year-old man to pay Rs 25 lakhas one-time alimony, a similaramount will have to be paid tohelp his former wife and their10-year-old son buy a flat.Additionally, the man will alsohave to pay Rs 25,000 permonth for his son till he attainsmaturity. He has also beenordered to pay legal expensesamounting to Rs 50,000 to thewoman.The court observed thatthe child currently living in arented accommodation wasentitled to live in his own houseand were it not for his parents’divorce he would have beenresiding in comfort in the US.The estranged couple wasgranted divorce by mutual consenton April 8, 2009.Along with the divorce petition,the woman had also filed a petitionseeking permanent alimonyof Rs three crore. The husbandhad filed a counter claim opposingthis on August 14, 2007.The woman alleged that herestranged husband owned ahouse each in Bandra, Kandivaliand had an ancestral house inDadar. She claimed that he hadalso bought a house in Bhandupand owned property in the US.The woman submitted that shehas no roof over her head andhad to pay a monthly rent of Rs35,000. She further stated that she andher son were entitled to thesame lifestyle that she and herson enjoyed earlier and whichher estranged husband was currentlyenjoying. The man, however,filed a counter claim sayingthe woman was not entitled toclaim maintenance as she isemployed, has an MBA degreeand was capable of making aliving. He further said that hewas not in a position to provideher any amount for shelter. Hedenied earning Rs 1 crore annuallyand also claimed that heonly owned a flat in Bhandupand that he had purchased itafter procuring a loan. Thecourt said that even if the manwas earning Rs 60 lakh afterdeducting his expenses hewould save about Rs 24 to 25lakh annually. “Hence, orderingan amount of Rs. 25 lakh to bepaid to the woman as permanentalimony would be just andreasonable taking into accountthat she is also employed withand getting a salary ofRs.65,000 per month,” the courtobserved.The court also directed the parentsto work out an arrangementfor the father’s visitationrights to meet his son. “Theaccess of the father to the childis very important for his growthand he must have connectionwith his father. Therefore,access should be provided freelyso that the love between thefather and the son grows in theparamount interest and welfareof the child,” the courtobserved.

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