Divorce
3 years ago
Its quary about divorce, i am a hindu Bengali married wife , last 13 years ago i got married , i have a girl child with age 12 years .My Husband is a drinker. Last 2 years i totally harrashed mentally and physically and also beaten by my husband and law's familyer also. my husband daily quarrel with me and criticism in my name with my relatives .One year ago i complain in my jurisdiction Police Station , that time police mutual with my husband, and my husband told he never beaten me after today. after that 4 months he again start the beaten me and quarrel and criticism in my name with my villegers. i can't tolerate this problem and also my husband. that time i decided to go to separation with my husband , and i goes to my father's house. after that i filled a divorce case with Marriage Act 13 on my husband.when i marry him that time no marriege registration done, that why we have no marriege registration certificate . i have no demand for money or not any compensation. after that divorce file my husband threatened me over the phone . and told he not to get divorce me . pls help me how to get divorce from my husband. and i want relief from him . and how much time taken for divorce?
SHAIKH IRFAN KHAMAR SHAIKH
Responded 3 years ago
A.Dear client
You can file petition for divorce on ground of cruelty. If allready filed then contest the matter
You can file petition for divorce on ground of cruelty. If allready filed then contest the matter
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A.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.Fifty Thousan 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.
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.Fifty Thousan 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.
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Adv. Sarika Khude
Responded 3 years ago
A.You will need a file case against them under domestic violence act. Or maintenance suit under section 125 of crpc.
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A.Hi client,
First and most importantly, you should immediately lodge a Police complaint I. e 498 a against your husband and your in-laws.
You can obtain divorce by two ways
Mutual and Contested Divorce
In case, of mutual the time is generally 6 months. Or may vary I. e can be earlier or ger delayed. Depends upon the satisfaction of the court.
In case of contested, it is a bit time consuming.
Along, with all this you can also go for an execution case to demand maintenance.
And here are some, mandatory rules for validation of Hindu Marriage.
Section 5 in The Hindu Marriage Act, 1955
5 Conditions for a Hindu marriage. —A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
2 [(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 3 [***];]
(iii) the bridegroom has completed the age of 4 [twenty-one years] and the bride, the age of 5 [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
First and most importantly, you should immediately lodge a Police complaint I. e 498 a against your husband and your in-laws.
You can obtain divorce by two ways
Mutual and Contested Divorce
In case, of mutual the time is generally 6 months. Or may vary I. e can be earlier or ger delayed. Depends upon the satisfaction of the court.
In case of contested, it is a bit time consuming.
Along, with all this you can also go for an execution case to demand maintenance.
And here are some, mandatory rules for validation of Hindu Marriage.
Section 5 in The Hindu Marriage Act, 1955
5 Conditions for a Hindu marriage. —A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
2 [(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 3 [***];]
(iii) the bridegroom has completed the age of 4 [twenty-one years] and the bride, the age of 5 [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
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Rameshwar Dadhe
Responded 3 years ago
A.You will need file case against them under domestic violence act . Or maintenance suit under section 125 of crpc .
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A.Since you have already filed the divorce case then pursue and follow that case along with your lawyer. Time taken for case will depend upon lot of factors like, pending cases in court, cooperation from the opposite side, vacations etc. but in general it can be anything between more than 1.5 to 2 years.
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