Divorce
3 years ago
My husband (40 years) is a senior level government employee earning a net ₹ 43000 p.m. We are married for over 10 years and have a 8 year old child. I'm (35 years) a b.com graduate, stay at home mom. I worked for 4 years before wedding as a junior accountant at a monthly pay of ₹ 8500. It was as per my husband's wish that I didn't try for a job. We are going to file for mutual consent divorce soon. He owns a car & has no other assets or major investment It has been decided that our son will be staying with me. I have following queries : 1. Can I ask for than ₹ 30 lakhs as one time settlement? 2. How much amount will I get if I opt for monthly maintenance? 3. My widowed mother is a diabetic and earns a monthly pension of ₹ 1000. I'll be staying with her after divorce. So should I take into consideration her expenses while calculating alimony & will the court agree to it?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
2. Maximum upto 50% of his salary only.
3. unfortunately your mother is not liability of your husband. But how she can be living in 1000 pension ?
Sidhaarth
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. before demanding such amount you should keep his ability to pay.
2. half of his salary
3. no you cannot, he is not liable for yourmother's expenses.
1. before demanding such amount you should keep his ability to pay.
2. half of his salary
3. no you cannot, he is not liable for yourmother's expenses.
A: Yes.
2. How much amount will I get if I opt for monthly maintenance?
A: 50% of his salary after deducting the liability if any
3. My widowed mother is a diabetic and earns a monthly pension of ₹ 1000. I'll be staying with her after divorce. So should I take into consideration her expenses while calculating alimony & will the court agree to it?
A:Alimony has nothing to do with your mother/ family members expenses
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Sidhaarth
Responded 3 years ago
2. You and your child may get half of salary if your husband does not have any other liability.
3. The earning and expenditure of your mother has nothing to do with your maintenance. The marriage was between you and your husband only.
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