Rights of a wife
1 year ago
What are the rights of a wife while seeking divorce under 498A ? What all can I claim for my well being
A.Dear Madam,
You may claim the following alimony.
================================================
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 .
You may claim the following alimony.
================================================
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.Hello ma'am,
Wife has full right over her Stridhan, and even if couple seeks divorce by mutual consent, she can demand Stridhan and seek maintenance and alimony as condition for Mutual Consent Divorce. Stridhan is different from Dowry items, & wife can demand all items to be returned, whichever her parents gave at time of marriage.
Wife has full right over her Stridhan, and even if couple seeks divorce by mutual consent, she can demand Stridhan and seek maintenance and alimony as condition for Mutual Consent Divorce. Stridhan is different from Dowry items, & wife can demand all items to be returned, whichever her parents gave at time of marriage.
Helpful
Helpful
Share
Read Related Answers
My wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
Dear Client,
Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
My husband use to beat me badly
Dear Client,
Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. Accordi...
taking screenshots of spouse's phone having office chat application
Dear Client,
The screenshots of chats, and text messages can generally be admissible before the court of law but are considered as secondary evidence. It must be produced along with the phone used to...
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
