Alimony specification
2 years ago
For Divorce by mutual consent what is the alimony a wife can receive?
A.Dear Sir,
In mutual divorce Court cannot fix the alimony but it is the mediators and spouses themselves arrive at a mutually agreed rate of alimony.
In mutual divorce Court cannot fix the alimony but it is the mediators and spouses themselves arrive at a mutually agreed rate of alimony.
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A.Dear Client,
Alimony in India can be calculated based upon the following factors:
1. Monthly incomes of spouses (without tax)
2. Educational backgrounds and possibility of paying jobs
3. Number of years of marriage
4. Number of children and child custody
The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony.
Hope this clarifies your doubts and requirements.
Thank you!
Alimony in India can be calculated based upon the following factors:
1. Monthly incomes of spouses (without tax)
2. Educational backgrounds and possibility of paying jobs
3. Number of years of marriage
4. Number of children and child custody
The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony.
Hope this clarifies your doubts and requirements.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.In case of Mutual consent divorce, prior to filing of the joint petition, the husband and wife get the opportunity to have the mutually agreed terms and conditions regarding alimony ( one time or month by month), Streedhan return and other aspects so until and unless the husband's financial condition be known along with property related as well as associated aspects of expenditure done by bride's family at the time of marriage and thereafter as well as employment status of the wife be known, legal opinion cannot be given on this aspect.
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Subhashis Paul
Responded 2 years ago
A.In case of mutual consent divorce, it is completely depending upon the amicable settlement between the husband and the wife at mutual understanding. There is no specific amount of alimony mentioned in the law for the wife. The wife may or may not ask for any alimony. If the wife asks for any alimony then the amount must be affordable and acceptable by the husband only otherwise the case will no more be suitable for mutual consent divorce... Then either of the party shall file a contested divorce against the other party. For further query you need to consult an advocate for best legal assistance.
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