Mrs Mrs

3 years ago

We are on the verge of separation after 6 months of marriage. All this time my husband has been using 90% of my salary to pay his debts which he acquired before marriage. Since I earn more than my husband I am asked to contribute to all household expenses as well . Wanted to know if I can claim all my hard earned money for the the abuse and emotional torcher he has given me at the time of settlement

Anish Palkar

Responded 3 years ago

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A.Yes. You can claim all your hard earned money for the the abuse and emotional torture he has given you at the time of settlement or even before settlement.

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ADV. ANISH PALKAR (High Court)
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
It is advised to you to hire a financial lawyer who can help you plan all out.
It is also advised to you to Close joint accounts: If you have a joint savings account, the spouse can withdraw money since the balance is shared equally, irrespective of who deposits it. Similarly, foreclose fixed deposits and other joint investments, which are shared equally between the partners. Also, get a hold of your streedhan.
Further, claim for alimony after divorce.

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Anik

Responded 3 years ago

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A.Hi,
Hire a financial planner and lawyer.
Collect information & documents: With the help of the lawyer and planner, make a list of all the documents you will need to submit in the court, such as address proof, marriage certificate, salary statements, marriage photos, bank statements and tax returns, among others. Access these and make photocopies.

List of assets & liabilities: Once the market value of assets has been assessed, evaluate the individual shares of husband and wife,” he adds. The distribution will take place as per the individual equity or as decided between the parties, if it is a mutual consent divorce.

Change nominee details: If you have made investments or taken insurance in which you have listed the husband as the nominee, change the details. These could include the Provident Fund, PPF, bank account, demat account, mutual funds and life insurance.

It is advised to you to Close joint accounts: If you have a joint savings account, the spouse can withdraw money since the balance is shared equally, irrespective of who deposits it. Similarly, foreclose fixed deposits and other joint investments, which are shared equally between the partners.

Division of assets: Streedhan belongs to the woman, “but if the husband has contributed to its purchase, he can file a suit and claim ownership to the extent of his contribution,” says Rajesh Mahindru, Advocate, Delhi High Court. Unless the divorce is contested, the spouses should decide the distribution of assets themselves. If the assets have been bought from contributions made by both, share it on the basis of individual equity.
Change Nominee in investments, insurance. Also, Split homes & loans

Alimony or maintenance: It is better to opt for a lumpsum settlement instead of a monthly payout as it is tax-free and not subject to erosion of value due to inflation. The woman should also opt for as many liquid assets as possible, which will help her start her life afresh after divorce.

The court decides on the maintenance by considering the husband’s income, the needs of wife, the liabilities, and wife’s earning capacity, among others. As per a Supreme Court ruling, 25% of the husband’s income is considered a just amount to be given as maintenance. However, if she is earning while the husband is not, she may be denied maintenance. If she is earning but unable to maintain a comfortable lifestyle, the husband will have to shell out money.


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