Divorce and Maintenance for my Son
4 years ago
I have been married for 4yrs and have a son 3yrs old. My husband is involved in adultery and is not willing to come back. I want to divorce but how do I maintain my son as I had quit my career post marriage
Naveen Sharma
Responded 3 years ago
A.Yes you can file divorce and seek interim maintenance from your husband during the pendency of your divorce petition. However, unless you have some incontrovertible or let's say sound evidence of his adulterous activities which can withstand the scrutiny and test of trial worthy evidence, it would be advisable that you do not make his adultery as the ground of divorce. In addition you can seek maintenance from the criminal courts along with your divorce petition. Lastly, in the event you do not want to unshackle him to roam freely on a promiscuous or blissful spree without any sense of responsibility, just file a maintenance application without giving him the luxury of your filing the divorce petition. Let him seek for it at your terms.
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Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Dear Client
Your case is too clear as per your version. You will get the maintenance and also share from your husband ancestors property if any. But you have to project your case in a correct manner.
Your case is too clear as per your version. You will get the maintenance and also share from your husband ancestors property if any. But you have to project your case in a correct manner.
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Narendra Dubey
Responded 4 years ago
A.You can claim maintance/alimony for you as well as to your child from your husband.
You can claim residential accomodation from your husband.
You can claim his property.
Regards Adv Narendra
You can claim residential accomodation from your husband.
You can claim his property.
Regards Adv Narendra
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A.Dear Madam,
You will get divorce with huge alimony and also maintenance for your child provided your case will be rightly projected. Please give me Rank 5 if you feel my answers also helped you
======================================================================
The alimony (maintenance) in India is provided under Indian law to the spouse after divorce or separation. In case of alimony, the income assets and property of both the husband and wife are considered.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
There are many alimony laws in India that gives protection to the spouse as follows:
Section 125 of CrPC provides maintenance to the spouse: Here the spouse can file a case on maintenance before the Court and after considering the income, assets and property of the spouse’s husband the Court will award or provide a proper maintenance to the spouse as per the requirement. An application for interim maintenance can be filed with help of the best divorce lawyers in India for getting interim relief irrespective to religion or caste. According to the circumstances of the case the court may grant maintenance to the required spouse.
Domestic Violence Act, 2005: A relief to stay at father-in-laws house. Under this Act the spouse has the right to take back all the items or things given to her during her marriage and can also seek compensation or damages from the Court for any mental or physical cruelty suffered. For this, the court may appoint an officer to keep a check during the stay of the spouse in her father-in-laws house and report accordingly.
Section 24 of the Hindu Marriage Act allows both husband/wife to claim for maintenance whereas under Hindu Adoptions and maintenance act the women gets an additional option. This act is applicable to Hindus only. The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
Accordingly, Muslim women can claim for Maintenance under Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights of Divorce) Act, 1986. Under this Act a husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this is done by talaq. He may also divorce by Ila, and Zihar which differ from talaq only in form, not in substance. A wife cannot divorce her husband of her own accord as She can divorce the husband only when the husband has delegated such a right to her or under an agreement.
In Christians, The Indian Divorce Act 1869 deals with the alimony to be provided to the Christian women. Section 36 of the Act provides for alimony pendente lite similar to the provision of Hindu marriage act. A petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just:
Provided that alimony pending the suit shall in no case exceed one fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.
Section 38 of the Act provides that In cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf which is to be approved by the court, and may impose any terms or restrictions which to the Court deems fit, and may from time to time appoint a new trustee, if it appears to the court relevant so to do.
The answer is submitted by Legistify, an online platform to access the best legal and accounting solution for any kind of matters in India. You can call them at 08468833013 or send an email at [email protected].
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
Maintenance or Alimony
You can get a specific amount of money based on a Court order from your spouse if you do not have any sufficient means of income to sustain yourself or your children. This amount is called maintenance or alimony.
The Hindu divorce law on maintenance is gender neutral. This means that an application for temporary or permanent maintenance can be filed either by the husband or wife.
Temporary Maintenance
During the course of the divorce proceedings, if you do not have independent income to support yourself and/or your children or to pay the necessary legal costs of the case, you can apply to the Court to direct your spouse to pay you a sum of money as maintenance. The Court will set a reasonable amount, which has to be paid monthly, as temporary maintenance after considering the income and paying capacity of the other spouse.
Permanent Maintenance or Alimony
Along with your divorce case, you can make an application to the Court for permanent maintenance to be paid by your spouse either monthly, periodically or in lump sum.
The Court can order such amount to be paid as maintenance keeping in mind the lifestyle that you enjoyed in your matrimonial home and considering the income and paying capacity of your spouse.
This amount can even be modified at a later date if either of your circumstances have changed. For instance, an increase in educational expenses for children, an increase in salary or standard of living of the paying spouse, etc. could result in an increase in the maintenance amount.
If you are getting maintenance monthly or periodically, then you will get it only till you remarry. It can even be revoked if you do not remain chaste (in case of a wife) or have sexual relations with another woman (in case of a husband).
It is important to note that permanent alimony cannot be granted to you if the main petition requesting a divorce, judicial separation, etc under Hindu law has been dismissed or withdrawn.
Q. What is one-time alimony?
A. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
What are different constraints regarding the alimony?
The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.
Various constraints determining the alimony are:
• The age of the person entitled to receive the alimony.
• The earnings and current financial status of the spouse entitled to pay the alimony.
• The failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They can claim a larger alimony on the basis of their failing health.
• The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.
What is the wife’s share in her husband’s property after they divorce?
The wife has no direct share in her husband’s property after divorce. She is only entitled to get maintenance/ alimony if she is unable to sustain financially on her own.
In case of mutual consent divorce, the terms relating to maintenance/ alimony and division of jointly owned property are decided by the husband and wife mutually before they file a petition for divorce in court.
In case of contested divorce, the wife can hire a divorce lawyer in India to file a maintenance petition against her husband when she is financially unable to maintain herself.
In case the property is owned jointly, she has an equal share in the property. However, the property owned solely by the husband would only act as a deciding factor in the amount of maintenance the wife will get after divorce. The details relating to property owned by the husband have to be furnished when a maintenance petition is filed by the wife.
The other details required to be submitted along with the property information include the income of wife, income of the husband, his personal expenses, and the persons dependent upon the husband.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
How much alimony does a wife get?
The amount to how much maintenance to wife in India is not fixed and differs with each case. The amount is decided by the court, keeping in consideration all the relevant factors like husband’s earnings and property, expenses, dependents’ needs, liabilities, wife’s earning and property ownership, and conduct of both the parties. There is no specific formula or method of calculating the maintenance amount.
Generally, the amount of maintenance for a divorced wife is calculated as one-third of the husband’s salary, provided that the wife stays single and does not indulge in any romantic relationship.
The court can order the husband to disclose his salary, IT returns, insurance, shares, fixed deposits, bank balance, lifestyle expenses, credit card ownership, vehicle ownership, etc. as proof of his ability to maintain himself.
A wife can claim maintenance for all her reasonable needs like food, home, medicine, and shelter. If the wife has children, she can claim for their education as well. The court having appropriate jurisdiction can decide the maintenance amount it deems fit and reasonable.
This amount can be in form of a monthly amount or a lump sum amount and can be modified later on the behest of the wife if there is a change in situations i.e. there is a change in income of the husband, inflation, marital status of wife, etc.
For the best knowledge regarding your divorce and maintenance rights as per the divorce laws, consult the divorce lawyers.
On what grounds or ways could a husband avoid alimony in India?
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
Divorce & Alimony Lawyers in India | Legistify
The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance through their divorce advocate.
2. Permanent Maintenance: Permanent maintenance is paid by the husband to his wife in case of divorce, and the amount is determined through a maintenance petition filed through a divorce law lawyer in India. Section 25 of the Act states that the court can order the husband to pay maintenance to his wife in form of a lump sum or monthly amount for her lifetime. However, the wife may not be eligible for maintenance if there are any changes in her circumstances.
How can I avoid paying alimony after a divorce in India on the reason of her hiding her past?
If hiding of past is of serious nature (like she was already divorced and didn’t disclose), then in such cases right thing to do is to file annulment within 1 year.
Courts are not swayed much by what happened before marriage, because many a time it is difficult to prove whether it was hidden or not. With the general theme of women empowerment going on, many a time such a case can backfire on oneself unless one has a good ground and clear evidence - both.
How do I get a divorce without paying alimony in India?
If you are so sure about her affairs, staying in such a marriage makes no sense. Seven years is a long time. Not taking dowry, can't be your excuse not to pay alimony. If 15 lac seems unreasonable amount for divorce, think again, why such an unreasonable amount is demanded? Is it a desperate attempt for saving marriage? Or is it that you are filing for divorce for getting married to someone else? If, no to both questions, then living separately makes sense. Getting divorce on basis of adultery when she seems to deny it, becomes a long drawn messy affair. Even if she had another affair, you may still not be able to get any evidence. Maybe, those affairs are only your imagination! Evidence may not always be necessary for divorce anyways. Please consult a good lawyer. Other factors have a major role, like, does the house belong to you where you are currently residing? Does she have her own income? Do you have children? Without these details, it's hard to give a useful answer.
Alimony is not mandatory.
Alimony is aimed to provide financial support to the economically weaker spouse so that the spouse is not forced to accept anything wrong to support her livelihood.
If your spouse is earning well enough, your divorce consultant can simply present it to the court and get you rid of any alimony liability.
If the wife is totally unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life.
In case the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search.
Any of these, shall not be applied when the wife is in a relationship with another man or is going to get married to another sooner or later the divorce procedure is completed.
If you have knowledge of your wife’s affair, but do not have proof of it and want to divorce her without paying any alimony or maintenance, you need to consult a divorce lawyer and ask him to prepare a case for you that can get you out of paying any alimony or maintenance.
The husband can refuse to pay maintenance to the wife and defend the maintenance petition in the following cases:
• If the wife has deserted her husband.
• If the wife is guilty of adultery or cruelty.
• If the wife has sufficient means to maintain herself, for instance, if she earns more than her husband.
• If she gets remarried after the divorce.
In case of interim maintenance as well, the husband is not liable to pay interim maintenance if the wife is completely capable of maintaining herself. Additionally, if the husband is unable to pay the legal proceedings of divorce or maintenance and the wife can self-sustain, the court may direct her to bear these expenses as well.
Alimony is also granted to wife only if she is not able to support herself. If she is earning or has enough financial stability, the Court will not pass any order for alimony. The wife may get permanent alimony while seeking divorce and maintenance of a fixed sum only if she is not able to maintain herself.
If the wife claims maintenance under Section 18 and 20 of the Domestic Violence Act, 2005[1], she has to prove the same in court. If the husband can prove that there was no domestic Violence against the wife or kids, he is not obliged to pay maintenance.
You will get divorce with huge alimony and also maintenance for your child provided your case will be rightly projected. Please give me Rank 5 if you feel my answers also helped you
======================================================================
The alimony (maintenance) in India is provided under Indian law to the spouse after divorce or separation. In case of alimony, the income assets and property of both the husband and wife are considered.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
There are many alimony laws in India that gives protection to the spouse as follows:
Section 125 of CrPC provides maintenance to the spouse: Here the spouse can file a case on maintenance before the Court and after considering the income, assets and property of the spouse’s husband the Court will award or provide a proper maintenance to the spouse as per the requirement. An application for interim maintenance can be filed with help of the best divorce lawyers in India for getting interim relief irrespective to religion or caste. According to the circumstances of the case the court may grant maintenance to the required spouse.
Domestic Violence Act, 2005: A relief to stay at father-in-laws house. Under this Act the spouse has the right to take back all the items or things given to her during her marriage and can also seek compensation or damages from the Court for any mental or physical cruelty suffered. For this, the court may appoint an officer to keep a check during the stay of the spouse in her father-in-laws house and report accordingly.
Section 24 of the Hindu Marriage Act allows both husband/wife to claim for maintenance whereas under Hindu Adoptions and maintenance act the women gets an additional option. This act is applicable to Hindus only. The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
Accordingly, Muslim women can claim for Maintenance under Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights of Divorce) Act, 1986. Under this Act a husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this is done by talaq. He may also divorce by Ila, and Zihar which differ from talaq only in form, not in substance. A wife cannot divorce her husband of her own accord as She can divorce the husband only when the husband has delegated such a right to her or under an agreement.
In Christians, The Indian Divorce Act 1869 deals with the alimony to be provided to the Christian women. Section 36 of the Act provides for alimony pendente lite similar to the provision of Hindu marriage act. A petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just:
Provided that alimony pending the suit shall in no case exceed one fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.
Section 38 of the Act provides that In cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf which is to be approved by the court, and may impose any terms or restrictions which to the Court deems fit, and may from time to time appoint a new trustee, if it appears to the court relevant so to do.
The answer is submitted by Legistify, an online platform to access the best legal and accounting solution for any kind of matters in India. You can call them at 08468833013 or send an email at [email protected].
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
Maintenance or Alimony
You can get a specific amount of money based on a Court order from your spouse if you do not have any sufficient means of income to sustain yourself or your children. This amount is called maintenance or alimony.
The Hindu divorce law on maintenance is gender neutral. This means that an application for temporary or permanent maintenance can be filed either by the husband or wife.
Temporary Maintenance
During the course of the divorce proceedings, if you do not have independent income to support yourself and/or your children or to pay the necessary legal costs of the case, you can apply to the Court to direct your spouse to pay you a sum of money as maintenance. The Court will set a reasonable amount, which has to be paid monthly, as temporary maintenance after considering the income and paying capacity of the other spouse.
Permanent Maintenance or Alimony
Along with your divorce case, you can make an application to the Court for permanent maintenance to be paid by your spouse either monthly, periodically or in lump sum.
The Court can order such amount to be paid as maintenance keeping in mind the lifestyle that you enjoyed in your matrimonial home and considering the income and paying capacity of your spouse.
This amount can even be modified at a later date if either of your circumstances have changed. For instance, an increase in educational expenses for children, an increase in salary or standard of living of the paying spouse, etc. could result in an increase in the maintenance amount.
If you are getting maintenance monthly or periodically, then you will get it only till you remarry. It can even be revoked if you do not remain chaste (in case of a wife) or have sexual relations with another woman (in case of a husband).
It is important to note that permanent alimony cannot be granted to you if the main petition requesting a divorce, judicial separation, etc under Hindu law has been dismissed or withdrawn.
Q. What is one-time alimony?
A. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
What are different constraints regarding the alimony?
The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.
Various constraints determining the alimony are:
• The age of the person entitled to receive the alimony.
• The earnings and current financial status of the spouse entitled to pay the alimony.
• The failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They can claim a larger alimony on the basis of their failing health.
• The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.
What is the wife’s share in her husband’s property after they divorce?
The wife has no direct share in her husband’s property after divorce. She is only entitled to get maintenance/ alimony if she is unable to sustain financially on her own.
In case of mutual consent divorce, the terms relating to maintenance/ alimony and division of jointly owned property are decided by the husband and wife mutually before they file a petition for divorce in court.
In case of contested divorce, the wife can hire a divorce lawyer in India to file a maintenance petition against her husband when she is financially unable to maintain herself.
In case the property is owned jointly, she has an equal share in the property. However, the property owned solely by the husband would only act as a deciding factor in the amount of maintenance the wife will get after divorce. The details relating to property owned by the husband have to be furnished when a maintenance petition is filed by the wife.
The other details required to be submitted along with the property information include the income of wife, income of the husband, his personal expenses, and the persons dependent upon the husband.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
How much alimony does a wife get?
The amount to how much maintenance to wife in India is not fixed and differs with each case. The amount is decided by the court, keeping in consideration all the relevant factors like husband’s earnings and property, expenses, dependents’ needs, liabilities, wife’s earning and property ownership, and conduct of both the parties. There is no specific formula or method of calculating the maintenance amount.
Generally, the amount of maintenance for a divorced wife is calculated as one-third of the husband’s salary, provided that the wife stays single and does not indulge in any romantic relationship.
The court can order the husband to disclose his salary, IT returns, insurance, shares, fixed deposits, bank balance, lifestyle expenses, credit card ownership, vehicle ownership, etc. as proof of his ability to maintain himself.
A wife can claim maintenance for all her reasonable needs like food, home, medicine, and shelter. If the wife has children, she can claim for their education as well. The court having appropriate jurisdiction can decide the maintenance amount it deems fit and reasonable.
This amount can be in form of a monthly amount or a lump sum amount and can be modified later on the behest of the wife if there is a change in situations i.e. there is a change in income of the husband, inflation, marital status of wife, etc.
For the best knowledge regarding your divorce and maintenance rights as per the divorce laws, consult the divorce lawyers.
On what grounds or ways could a husband avoid alimony in India?
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
Divorce & Alimony Lawyers in India | Legistify
The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance through their divorce advocate.
2. Permanent Maintenance: Permanent maintenance is paid by the husband to his wife in case of divorce, and the amount is determined through a maintenance petition filed through a divorce law lawyer in India. Section 25 of the Act states that the court can order the husband to pay maintenance to his wife in form of a lump sum or monthly amount for her lifetime. However, the wife may not be eligible for maintenance if there are any changes in her circumstances.
How can I avoid paying alimony after a divorce in India on the reason of her hiding her past?
If hiding of past is of serious nature (like she was already divorced and didn’t disclose), then in such cases right thing to do is to file annulment within 1 year.
Courts are not swayed much by what happened before marriage, because many a time it is difficult to prove whether it was hidden or not. With the general theme of women empowerment going on, many a time such a case can backfire on oneself unless one has a good ground and clear evidence - both.
How do I get a divorce without paying alimony in India?
If you are so sure about her affairs, staying in such a marriage makes no sense. Seven years is a long time. Not taking dowry, can't be your excuse not to pay alimony. If 15 lac seems unreasonable amount for divorce, think again, why such an unreasonable amount is demanded? Is it a desperate attempt for saving marriage? Or is it that you are filing for divorce for getting married to someone else? If, no to both questions, then living separately makes sense. Getting divorce on basis of adultery when she seems to deny it, becomes a long drawn messy affair. Even if she had another affair, you may still not be able to get any evidence. Maybe, those affairs are only your imagination! Evidence may not always be necessary for divorce anyways. Please consult a good lawyer. Other factors have a major role, like, does the house belong to you where you are currently residing? Does she have her own income? Do you have children? Without these details, it's hard to give a useful answer.
Alimony is not mandatory.
Alimony is aimed to provide financial support to the economically weaker spouse so that the spouse is not forced to accept anything wrong to support her livelihood.
If your spouse is earning well enough, your divorce consultant can simply present it to the court and get you rid of any alimony liability.
If the wife is totally unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life.
In case the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search.
Any of these, shall not be applied when the wife is in a relationship with another man or is going to get married to another sooner or later the divorce procedure is completed.
If you have knowledge of your wife’s affair, but do not have proof of it and want to divorce her without paying any alimony or maintenance, you need to consult a divorce lawyer and ask him to prepare a case for you that can get you out of paying any alimony or maintenance.
The husband can refuse to pay maintenance to the wife and defend the maintenance petition in the following cases:
• If the wife has deserted her husband.
• If the wife is guilty of adultery or cruelty.
• If the wife has sufficient means to maintain herself, for instance, if she earns more than her husband.
• If she gets remarried after the divorce.
In case of interim maintenance as well, the husband is not liable to pay interim maintenance if the wife is completely capable of maintaining herself. Additionally, if the husband is unable to pay the legal proceedings of divorce or maintenance and the wife can self-sustain, the court may direct her to bear these expenses as well.
Alimony is also granted to wife only if she is not able to support herself. If she is earning or has enough financial stability, the Court will not pass any order for alimony. The wife may get permanent alimony while seeking divorce and maintenance of a fixed sum only if she is not able to maintain herself.
If the wife claims maintenance under Section 18 and 20 of the Domestic Violence Act, 2005[1], she has to prove the same in court. If the husband can prove that there was no domestic Violence against the wife or kids, he is not obliged to pay maintenance.
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A.Dear Madam,
Always a female will be considered as unemployed and house wife in the best interest of children unless she volunteers for work. You can claim the following alimony and monthly maintenance for your son. Please give me Rank 5 if you feel my answers also helped you
====HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
====================================================
The alimony (maintenance) in India is provided under Indian law to the spouse after divorce or separation. In case of alimony, the income assets and property of both the husband and wife are considered.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
There are many alimony laws in India that gives protection to the spouse as follows:
Section 125 of CrPC provides maintenance to the spouse: Here the spouse can file a case on maintenance before the Court and after considering the income, assets and property of the spouse’s husband the Court will award or provide a proper maintenance to the spouse as per the requirement. An application for interim maintenance can be filed with help of the best divorce lawyers in India for getting interim relief irrespective to religion or caste. According to the circumstances of the case the court may grant maintenance to the required spouse.
Domestic Violence Act, 2005: A relief to stay at father-in-laws house. Under this Act the spouse has the right to take back all the items or things given to her during her marriage and can also seek compensation or damages from the Court for any mental or physical cruelty suffered. For this, the court may appoint an officer to keep a check during the stay of the spouse in her father-in-laws house and report accordingly.
Section 24 of the Hindu Marriage Act allows both husband/wife to claim for maintenance whereas under Hindu Adoptions and maintenance act the women gets an additional option. This act is applicable to Hindus only. The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
Accordingly, Muslim women can claim for Maintenance under Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights of Divorce) Act, 1986. Under this Act a husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this is done by talaq. He may also divorce by Ila, and Zihar which differ from talaq only in form, not in substance. A wife cannot divorce her husband of her own accord as She can divorce the husband only when the husband has delegated such a right to her or under an agreement.
In Christians, The Indian Divorce Act 1869 deals with the alimony to be provided to the Christian women. Section 36 of the Act provides for alimony pendente lite similar to the provision of Hindu marriage act. A petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just:
Provided that alimony pending the suit shall in no case exceed one fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.
Section 38 of the Act provides that In cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf which is to be approved by the court, and may impose any terms or restrictions which to the Court deems fit, and may from time to time appoint a new trustee, if it appears to the court relevant so to do.
The answer is submitted by Legistify, an online platform to access the best legal and accounting solution for any kind of matters in India. You can call them at 08468833013 or send an email at [email protected].
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
Maintenance or Alimony
You can get a specific amount of money based on a Court order from your spouse if you do not have any sufficient means of income to sustain yourself or your children. This amount is called maintenance or alimony.
The Hindu divorce law on maintenance is gender neutral. This means that an application for temporary or permanent maintenance can be filed either by the husband or wife.
Temporary Maintenance
During the course of the divorce proceedings, if you do not have independent income to support yourself and/or your children or to pay the necessary legal costs of the case, you can apply to the Court to direct your spouse to pay you a sum of money as maintenance. The Court will set a reasonable amount, which has to be paid monthly, as temporary maintenance after considering the income and paying capacity of the other spouse.
Permanent Maintenance or Alimony
Along with your divorce case, you can make an application to the Court for permanent maintenance to be paid by your spouse either monthly, periodically or in lump sum.
The Court can order such amount to be paid as maintenance keeping in mind the lifestyle that you enjoyed in your matrimonial home and considering the income and paying capacity of your spouse.
This amount can even be modified at a later date if either of your circumstances have changed. For instance, an increase in educational expenses for children, an increase in salary or standard of living of the paying spouse, etc. could result in an increase in the maintenance amount.
If you are getting maintenance monthly or periodically, then you will get it only till you remarry. It can even be revoked if you do not remain chaste (in case of a wife) or have sexual relations with another woman (in case of a husband).
It is important to note that permanent alimony cannot be granted to you if the main petition requesting a divorce, judicial separation, etc under Hindu law has been dismissed or withdrawn.
Q. What is one-time alimony?
A. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
What are different constraints regarding the alimony?
The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.
Various constraints determining the alimony are:
• The age of the person entitled to receive the alimony.
• The earnings and current financial status of the spouse entitled to pay the alimony.
• The failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They can claim a larger alimony on the basis of their failing health.
• The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.
What is the wife’s share in her husband’s property after they divorce?
The wife has no direct share in her husband’s property after divorce. She is only entitled to get maintenance/ alimony if she is unable to sustain financially on her own.
In case of mutual consent divorce, the terms relating to maintenance/ alimony and division of jointly owned property are decided by the husband and wife mutually before they file a petition for divorce in court.
In case of contested divorce, the wife can hire a divorce lawyer in India to file a maintenance petition against her husband when she is financially unable to maintain herself.
In case the property is owned jointly, she has an equal share in the property. However, the property owned solely by the husband would only act as a deciding factor in the amount of maintenance the wife will get after divorce. The details relating to property owned by the husband have to be furnished when a maintenance petition is filed by the wife.
The other details required to be submitted along with the property information include the income of wife, income of the husband, his personal expenses, and the persons dependent upon the husband.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
How much alimony does a wife get?
The amount to how much maintenance to wife in India is not fixed and differs with each case. The amount is decided by the court, keeping in consideration all the relevant factors like husband’s earnings and property, expenses, dependents’ needs, liabilities, wife’s earning and property ownership, and conduct of both the parties. There is no specific formula or method of calculating the maintenance amount.
Generally, the amount of maintenance for a divorced wife is calculated as one-third of the husband’s salary, provided that the wife stays single and does not indulge in any romantic relationship.
The court can order the husband to disclose his salary, IT returns, insurance, shares, fixed deposits, bank balance, lifestyle expenses, credit card ownership, vehicle ownership, etc. as proof of his ability to maintain himself.
A wife can claim maintenance for all her reasonable needs like food, home, medicine, and shelter. If the wife has children, she can claim for their education as well. The court having appropriate jurisdiction can decide the maintenance amount it deems fit and reasonable.
This amount can be in form of a monthly amount or a lump sum amount and can be modified later on the behest of the wife if there is a change in situations i.e. there is a change in income of the husband, inflation, marital status of wife, etc.
For the best knowledge regarding your divorce and maintenance rights as per the divorce laws, consult the divorce lawyers.
On what grounds or ways could a husband avoid alimony in India?
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
Divorce & Alimony Lawyers in India | Legistify
The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance through their divorce advocate.
2. Permanent Maintenance: Permanent maintenance is paid by the husband to his wife in case of divorce, and the amount is determined through a maintenance petition filed through a divorce law lawyer in India. Section 25 of the Act states that the court can order the husband to pay maintenance to his wife in form of a lump sum or monthly amount for her lifetime. However, the wife may not be eligible for maintenance if there are any changes in her circumstances.
How can I avoid paying alimony after a divorce in India on the reason of her hiding her past?
If hiding of past is of serious nature (like she was already divorced and didn’t disclose), then in such cases right thing to do is to file annulment within 1 year.
Courts are not swayed much by what happened before marriage, because many a time it is difficult to prove whether it was hidden or not. With the general theme of women empowerment going on, many a time such a case can backfire on oneself unless one has a good ground and clear evidence - both.
How do I get a divorce without paying alimony in India?
If you are so sure about her affairs, staying in such a marriage makes no sense. Seven years is a long time. Not taking dowry, can't be your excuse not to pay alimony. If 15 lac seems unreasonable amount for divorce, think again, why such an unreasonable amount is demanded? Is it a desperate attempt for saving marriage? Or is it that you are filing for divorce for getting married to someone else? If, no to both questions, then living separately makes sense. Getting divorce on basis of adultery when she seems to deny it, becomes a long drawn messy affair. Even if she had another affair, you may still not be able to get any evidence. Maybe, those affairs are only your imagination! Evidence may not always be necessary for divorce anyways. Please consult a good lawyer. Other factors have a major role, like, does the house belong to you where you are currently residing? Does she have her own income? Do you have children? Without these details, it's hard to give a useful answer.
Alimony is not mandatory.
Alimony is aimed to provide financial support to the economically weaker spouse so that the spouse is not forced to accept anything wrong to support her livelihood.
If your spouse is earning well enough, your divorce consultant can simply present it to the court and get you rid of any alimony liability.
If the wife is totally unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life.
In case the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search.
Any of these, shall not be applied when the wife is in a relationship with another man or is going to get married to another sooner or later the divorce procedure is completed.
If you have knowledge of your wife’s affair, but do not have proof of it and want to divorce her without paying any alimony or maintenance, you need to consult a divorce lawyer and ask him to prepare a case for you that can get you out of paying any alimony or maintenance.
The husband can refuse to pay maintenance to the wife and defend the maintenance petition in the following cases:
• If the wife has deserted her husband.
• If the wife is guilty of adultery or cruelty.
• If the wife has sufficient means to maintain herself, for instance, if she earns more than her husband.
• If she gets remarried after the divorce.
In case of interim maintenance as well, the husband is not liable to pay interim maintenance if the wife is completely capable of maintaining herself. Additionally, if the husband is unable to pay the legal proceedings of divorce or maintenance and the wife can self-sustain, the court may direct her to bear these expenses as well.
Alimony is also granted to wife only if she is not able to support herself. If she is earning or has enough financial stability, the Court will not pass any order for alimony. The wife may get permanent alimony while seeking divorce and maintenance of a fixed sum only if she is not able to maintain herself.
If the wife claims maintenance under Section 18 and 20 of the Domestic Violence Act, 2005[1], she has to prove the same in court. If the husband can prove that there was no domestic Violence against the wife or kids, he is not obliged to pay maintenance.
Always a female will be considered as unemployed and house wife in the best interest of children unless she volunteers for work. You can claim the following alimony and monthly maintenance for your son. Please give me Rank 5 if you feel my answers also helped you
====HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
====================================================
The alimony (maintenance) in India is provided under Indian law to the spouse after divorce or separation. In case of alimony, the income assets and property of both the husband and wife are considered.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
There are many alimony laws in India that gives protection to the spouse as follows:
Section 125 of CrPC provides maintenance to the spouse: Here the spouse can file a case on maintenance before the Court and after considering the income, assets and property of the spouse’s husband the Court will award or provide a proper maintenance to the spouse as per the requirement. An application for interim maintenance can be filed with help of the best divorce lawyers in India for getting interim relief irrespective to religion or caste. According to the circumstances of the case the court may grant maintenance to the required spouse.
Domestic Violence Act, 2005: A relief to stay at father-in-laws house. Under this Act the spouse has the right to take back all the items or things given to her during her marriage and can also seek compensation or damages from the Court for any mental or physical cruelty suffered. For this, the court may appoint an officer to keep a check during the stay of the spouse in her father-in-laws house and report accordingly.
Section 24 of the Hindu Marriage Act allows both husband/wife to claim for maintenance whereas under Hindu Adoptions and maintenance act the women gets an additional option. This act is applicable to Hindus only. The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
Accordingly, Muslim women can claim for Maintenance under Dissolution of Muslim Marriages Act, 1939 and the Muslim Women (Protection of Rights of Divorce) Act, 1986. Under this Act a husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this is done by talaq. He may also divorce by Ila, and Zihar which differ from talaq only in form, not in substance. A wife cannot divorce her husband of her own accord as She can divorce the husband only when the husband has delegated such a right to her or under an agreement.
In Christians, The Indian Divorce Act 1869 deals with the alimony to be provided to the Christian women. Section 36 of the Act provides for alimony pendente lite similar to the provision of Hindu marriage act. A petition shall be served on the husband; and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just:
Provided that alimony pending the suit shall in no case exceed one fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.
Section 38 of the Act provides that In cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf which is to be approved by the court, and may impose any terms or restrictions which to the Court deems fit, and may from time to time appoint a new trustee, if it appears to the court relevant so to do.
The answer is submitted by Legistify, an online platform to access the best legal and accounting solution for any kind of matters in India. You can call them at 08468833013 or send an email at [email protected].
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.
Maintenance or Alimony
You can get a specific amount of money based on a Court order from your spouse if you do not have any sufficient means of income to sustain yourself or your children. This amount is called maintenance or alimony.
The Hindu divorce law on maintenance is gender neutral. This means that an application for temporary or permanent maintenance can be filed either by the husband or wife.
Temporary Maintenance
During the course of the divorce proceedings, if you do not have independent income to support yourself and/or your children or to pay the necessary legal costs of the case, you can apply to the Court to direct your spouse to pay you a sum of money as maintenance. The Court will set a reasonable amount, which has to be paid monthly, as temporary maintenance after considering the income and paying capacity of the other spouse.
Permanent Maintenance or Alimony
Along with your divorce case, you can make an application to the Court for permanent maintenance to be paid by your spouse either monthly, periodically or in lump sum.
The Court can order such amount to be paid as maintenance keeping in mind the lifestyle that you enjoyed in your matrimonial home and considering the income and paying capacity of your spouse.
This amount can even be modified at a later date if either of your circumstances have changed. For instance, an increase in educational expenses for children, an increase in salary or standard of living of the paying spouse, etc. could result in an increase in the maintenance amount.
If you are getting maintenance monthly or periodically, then you will get it only till you remarry. It can even be revoked if you do not remain chaste (in case of a wife) or have sexual relations with another woman (in case of a husband).
It is important to note that permanent alimony cannot be granted to you if the main petition requesting a divorce, judicial separation, etc under Hindu law has been dismissed or withdrawn.
Q. What is one-time alimony?
A. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
What are different constraints regarding the alimony?
The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.
Various constraints determining the alimony are:
• The age of the person entitled to receive the alimony.
• The earnings and current financial status of the spouse entitled to pay the alimony.
• The failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They can claim a larger alimony on the basis of their failing health.
• The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.
What is the wife’s share in her husband’s property after they divorce?
The wife has no direct share in her husband’s property after divorce. She is only entitled to get maintenance/ alimony if she is unable to sustain financially on her own.
In case of mutual consent divorce, the terms relating to maintenance/ alimony and division of jointly owned property are decided by the husband and wife mutually before they file a petition for divorce in court.
In case of contested divorce, the wife can hire a divorce lawyer in India to file a maintenance petition against her husband when she is financially unable to maintain herself.
In case the property is owned jointly, she has an equal share in the property. However, the property owned solely by the husband would only act as a deciding factor in the amount of maintenance the wife will get after divorce. The details relating to property owned by the husband have to be furnished when a maintenance petition is filed by the wife.
The other details required to be submitted along with the property information include the income of wife, income of the husband, his personal expenses, and the persons dependent upon the husband.
The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount:
• The position and status of the husband and wife,
• Whether the wife has an actual claim for maintenance.
• If the wife is living separately, whether the reason to do so is justified.
• The wife’s total property and income.
• The husband’s total property, income generated from this property, and his other income.
• The total number dependents and their expenses borne by the husband.
• The personal expenses of the husband.
However, the wife is not entitled to claim maintenance in the following circumstances:
• She has ceased to be a Hindu by converting to another religion.
• She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man.
• She has remarried after the divorce.
How much alimony does a wife get?
The amount to how much maintenance to wife in India is not fixed and differs with each case. The amount is decided by the court, keeping in consideration all the relevant factors like husband’s earnings and property, expenses, dependents’ needs, liabilities, wife’s earning and property ownership, and conduct of both the parties. There is no specific formula or method of calculating the maintenance amount.
Generally, the amount of maintenance for a divorced wife is calculated as one-third of the husband’s salary, provided that the wife stays single and does not indulge in any romantic relationship.
The court can order the husband to disclose his salary, IT returns, insurance, shares, fixed deposits, bank balance, lifestyle expenses, credit card ownership, vehicle ownership, etc. as proof of his ability to maintain himself.
A wife can claim maintenance for all her reasonable needs like food, home, medicine, and shelter. If the wife has children, she can claim for their education as well. The court having appropriate jurisdiction can decide the maintenance amount it deems fit and reasonable.
This amount can be in form of a monthly amount or a lump sum amount and can be modified later on the behest of the wife if there is a change in situations i.e. there is a change in income of the husband, inflation, marital status of wife, etc.
For the best knowledge regarding your divorce and maintenance rights as per the divorce laws, consult the divorce lawyers.
On what grounds or ways could a husband avoid alimony in India?
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum.
In case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact whether the wife is working and earns some income or not, does not affect her right to claim maintenance from her husband.
Divorce & Alimony Lawyers in India | Legistify
The types of maintenance under Hindu laws are as follows:
1. Interim Maintenance: When the wife files a maintenance petition, the court may award her interim maintenance that the husband must pay from the date on which the application was filed by the wife till the date of dismissal through her divorce law advocate. It is also known as Maintenance Pendente Lite and is paid so that the wife can pay for the legal expenses incurred by her.
Interim maintenance is awarded by the court if the wife has absolutely no source of income to maintain herself. There are no laws that lay down the amount of this type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the wife to sustain during the proceedings.
Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance through their divorce advocate.
2. Permanent Maintenance: Permanent maintenance is paid by the husband to his wife in case of divorce, and the amount is determined through a maintenance petition filed through a divorce law lawyer in India. Section 25 of the Act states that the court can order the husband to pay maintenance to his wife in form of a lump sum or monthly amount for her lifetime. However, the wife may not be eligible for maintenance if there are any changes in her circumstances.
How can I avoid paying alimony after a divorce in India on the reason of her hiding her past?
If hiding of past is of serious nature (like she was already divorced and didn’t disclose), then in such cases right thing to do is to file annulment within 1 year.
Courts are not swayed much by what happened before marriage, because many a time it is difficult to prove whether it was hidden or not. With the general theme of women empowerment going on, many a time such a case can backfire on oneself unless one has a good ground and clear evidence - both.
How do I get a divorce without paying alimony in India?
If you are so sure about her affairs, staying in such a marriage makes no sense. Seven years is a long time. Not taking dowry, can't be your excuse not to pay alimony. If 15 lac seems unreasonable amount for divorce, think again, why such an unreasonable amount is demanded? Is it a desperate attempt for saving marriage? Or is it that you are filing for divorce for getting married to someone else? If, no to both questions, then living separately makes sense. Getting divorce on basis of adultery when she seems to deny it, becomes a long drawn messy affair. Even if she had another affair, you may still not be able to get any evidence. Maybe, those affairs are only your imagination! Evidence may not always be necessary for divorce anyways. Please consult a good lawyer. Other factors have a major role, like, does the house belong to you where you are currently residing? Does she have her own income? Do you have children? Without these details, it's hard to give a useful answer.
Alimony is not mandatory.
Alimony is aimed to provide financial support to the economically weaker spouse so that the spouse is not forced to accept anything wrong to support her livelihood.
If your spouse is earning well enough, your divorce consultant can simply present it to the court and get you rid of any alimony liability.
If the wife is totally unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life.
In case the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search.
Any of these, shall not be applied when the wife is in a relationship with another man or is going to get married to another sooner or later the divorce procedure is completed.
If you have knowledge of your wife’s affair, but do not have proof of it and want to divorce her without paying any alimony or maintenance, you need to consult a divorce lawyer and ask him to prepare a case for you that can get you out of paying any alimony or maintenance.
The husband can refuse to pay maintenance to the wife and defend the maintenance petition in the following cases:
• If the wife has deserted her husband.
• If the wife is guilty of adultery or cruelty.
• If the wife has sufficient means to maintain herself, for instance, if she earns more than her husband.
• If she gets remarried after the divorce.
In case of interim maintenance as well, the husband is not liable to pay interim maintenance if the wife is completely capable of maintaining herself. Additionally, if the husband is unable to pay the legal proceedings of divorce or maintenance and the wife can self-sustain, the court may direct her to bear these expenses as well.
Alimony is also granted to wife only if she is not able to support herself. If she is earning or has enough financial stability, the Court will not pass any order for alimony. The wife may get permanent alimony while seeking divorce and maintenance of a fixed sum only if she is not able to maintain herself.
If the wife claims maintenance under Section 18 and 20 of the Domestic Violence Act, 2005[1], she has to prove the same in court. If the husband can prove that there was no domestic Violence against the wife or kids, he is not obliged to pay maintenance.
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Jagath Ratchagan
Responded 4 years ago
A.You can file maintenance case u/s 125crpc for you and son before the magistrate court against your husband.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
This is very sad to know.
I suggest instead of divorce proceedings, you may simply file a petition for maintenance under section 125 of CrPC for maintenance.
You may decide about divorce proceedings in the future.
This is very sad to know.
I suggest instead of divorce proceedings, you may simply file a petition for maintenance under section 125 of CrPC for maintenance.
You may decide about divorce proceedings in the future.
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