alimony - Indian hindu married couple for 5 years
9 months ago
in Indian hindu married couple for 5 years, if wife has been earning more than husband for last 3 years, during divorce can wife claim alimony as per law? if yes then how much alimony can be claimed? what rights does wife have on husbands assets?
A.Dear client,
Section 125 of the Code of Criminal Procedure lays down a provision for providing alimony to the wife by the husband where she is unable to maintain herself. Even if the wife is earning and still demands alimony after divorce, she can get alimony if the court passes an order in favour of her.
Grounds for calculating Alimony
While claiming alimony after divorce, the working woman has to fulfil the following grounds on which it will be convenient for her to claim alimony from her husband.
Total monthly home income of both spouses without tax.
Educational background of both spouses.
The number of years of marriage.
Number of children and child custody.
Role of Judiciary
In Kalyan Dey Chowdhury VS Rita Dey Chowdhury, the Supreme Court held that in the case of a monthly payment the amount of alimony shall not exceed 25% of the income of the husband. In this case, the occupation of the wife was beautician as well as teacher, who was earning 30,000 per month.
Section 125 of the Code of Criminal Procedure lays down a provision for providing alimony to the wife by the husband where she is unable to maintain herself. Even if the wife is earning and still demands alimony after divorce, she can get alimony if the court passes an order in favour of her.
Grounds for calculating Alimony
While claiming alimony after divorce, the working woman has to fulfil the following grounds on which it will be convenient for her to claim alimony from her husband.
Total monthly home income of both spouses without tax.
Educational background of both spouses.
The number of years of marriage.
Number of children and child custody.
Role of Judiciary
In Kalyan Dey Chowdhury VS Rita Dey Chowdhury, the Supreme Court held that in the case of a monthly payment the amount of alimony shall not exceed 25% of the income of the husband. In this case, the occupation of the wife was beautician as well as teacher, who was earning 30,000 per month.
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