Maintenance - I have filed 498A on 2010
10 months ago
I have filed 498A on 2010 when my husband abandoned me and my 4 yr old kid few days after parents' demiseLater on 2012 I had filed for maintenance. But as my husband is very influential adv then didn't appear and due to financial issues I couldn't proceed with the case filed for maintenance .So the case might have been dismissed for non appearance .
I have a monthly income of Rs.12000 only and live in a rented flat For expenses including my son's educational expenses I had to take loans and have have a debt for more than 25 lakhs. Also had to sell properties during this time. My husband has a govt job and works as Asst Professor from 2007 and now he earns almost Rs1,2500 as salary.Whenever I ask my husband to pay atheist half of our son's expenses he tells to go to court to get it..
Is it possible to restore the case for maintenance filed back in 2012 ?
If so will I and my son be entitled to get maintenance from 2022 to present?
How will the amount of maintenance be decided by the court?
The family court can restore application for maintenance only if it feels it has been dismissed due to default.
Also, 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. This is suitable for monthly alimony paid by the husband to wife. No such benchmark has been given for a one-time lump sum amount, but usually, this ranges from 1/5th to 1/3rd of the spouse’s net worth. However, a hard and fast rule to calculate alimony has not been defined under any Indian law, nor is it possible as it depends on the facts and circumstances of each case.
Generally, the Court looks at the following factors for determining alimony:
Monthly incomes of spouses (without tax)
Educational backgrounds and the possibility of paying jobs
Number of years of marriage
Number of children and child custody
Anonymous
Replied 10 months ago
Thank you for the advice.
If the maintenance case filed back in 2012 is restored and there is reasonable grounds for maintenance would it be from 2012 till present?
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