90,000+ Legal Questions Answered
CAN WIFE CLAIM HUSBAND PROPERTY IN DIVORCE WHERE NO MONEY INVESTED BY HER?
2 years ago
CAN WIFE CLAIM ANY STAKE IN PROPERTY WHERE SHE HAS NO PAID SINGLE PENNY IN TRASACTION ? PROPERTY IS FULLY SINGLEY OWNED BY HUSBAND AND PROPERTY IS ON RENT SINCE IT IS BROUGHT
A.Dear Sir,
Be informed that wife and children have no share in the self acquired property of husband/father unless it is acquired by way of inheritance as ancestral property. The formula for determining alimony of the wife is as follows:
======================================================================
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 maintence 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 .
Be informed that wife and children have no share in the self acquired property of husband/father unless it is acquired by way of inheritance as ancestral property. The formula for determining alimony of the wife is as follows:
======================================================================
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 maintence 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 .
Helpful
Helpful
Share
A.Dear Client
When a lady marries a person then by law she automatically gets the right in the property of the husband by effect of being a legal heir of the husband and her rights can be diffused as long as she is married to the husband.
When a lady marries a person then by law she automatically gets the right in the property of the husband by effect of being a legal heir of the husband and her rights can be diffused as long as she is married to the husband.
Helpful
Helpful
Share
Read Related Answers
Marriage problem
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
My wife hardly stays with me what should I do
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Divorce case
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Husband harrasment
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
Mental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam,
Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
