MARRIAGE EXPENDITURES AMOUNT ,ALIMONY REJECTED AND NO DOWRY GIVEN
2 years ago
Hello,
My sister (respondent) received a divorce notice under sections 10(1)(IX),10(1)(X). She was married without any dowry ( No Gold, No silver, No Land/House sharing, No Ornaments..etc) and working in a private bank. She lived 6months 15days. The Judge routed the case to the Mediation Center. We demanded alimony of Rs 10lakhs. Her husband refused to pay a single rupee because he did not take any single rupee from her(no dowry), lost his job, had no self-employment, and routed the case to the judge again. The Mediation failed. Will she get alimony? if so, how much? What is the proof to submit and legal document to submit? How long this case will remain?
A.Dear Sir,
She will get alimony on the following formula.
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.
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 .
Dowry is an offence now, so the question of alimony does not revolve around it. Alimony depends on the educational qualifications of both the parties, their ability to work and earning capacity, etc. She can get alimony if she shows the husband is working and is have a better-earning capacity than her. Proof can be the education degrees, employment proofs, etc. Until both parties arrive at a mutual consensus, the case may go up to a year at least.
Thank you.
Vaidehi Samant
Responded 2 years ago
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