Alimony or maintenance a wife with 2 children to receive
11 months ago
Hi , I would like to ask If a husband ask for divorce to the spouse with 2 children what amount would the spouse receive as alimony/maintenance. Marriage of 15yrs but husband deserted the wife for 12yrs along with the 2 children. In the 12yrs husband( earns Rs400000 per month)never paid a single expenses for wife and children. So the wife was forced to work (20000 per month). How much amount can the spouse claim .
While the legal proceedings are still underway, a husband is required to pay maintenance for the wife, along with the expenses of the proceedings. The interim maintenance is payable from the date the petition for divorce is filed, till the time the final order is passed. The Hindu community is governed by The Hindu Marriage Act, 1955, and the Hindu Adoption and Maintenance Act, 1956, which grant the right to women to claim maintenance. Under Hindu laws, the quantum of maintenance amount is based on several factors like the husband’s financial income, assets, liabilities, wife’s employment, and earning status etc. Lifestyle, along with the financial status of the parties, is one of the most important factors while arriving at a conclusion by the court for granting maintenance. Ordinarily, the wife is entitled to an amount of maintenance that will enable her to maintain almost the same standard of living to which she was entitled before the marriage broke down. In the case of a minor child, his/her necessities are also taken into consideration for granting maintenance to wife post-divorce. Generally, courts award 1/4th of the husband’s income to the wife as maintenance. For any kind of assistance, you need in this regard, you may contact our legal team for the purpose along with your all relevant papers
Anonymous
Replied 11 months ago
Thank you for your reply sir.
Actually the husband is asking divorce informally way by taking to our lawyer by giving a bit of alimony to close the matter. The case filed by husband in court is going on for 5yrs against wife. Is the wife entitled to receive any amount for the expenses done by her and children for the last 13yrs when husband deserted them. Does the husband only have to pay the maintenance from the date of the case started in court.
Legal Counsel Vidhikarya
Replied 11 months ago
Dear Client,
Even if such a prayer is made in your written statement filed on your behalf before the Court praying for payment of maintenance from retrospective effect i.e, from the date husband deserted his spouse and children, your claim cannot be allowed being barred by limitation. However, you may take a chance and make a prayer for the same before the Court, and considering the merit in your claim, the Court may allow your prayer.
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