Divorce
5 years ago
My elder brother doing job as a soldier in Sashastra Seema Bal, Ministry of Home Affairs, Govt. of India. His married life is to harassed and he always in frustration due to his wife. He want to divorce her. Because his wife is always threatened that destroy his life through illegal blame. 7 years married life have to completed in 28 June 2019, he has a 5 year old son. In this situation how much money will be given by honourable court to his wife for their requirement as pr rule. Please suggest
A.Dear Client,
Better to get in touch with a local Advocate who will be in a better position to tell.
In case of any difficulty get in touch through vidhikarya.com
Shanti Ranjan Behera
Advocate
Better to get in touch with a local Advocate who will be in a better position to tell.
In case of any difficulty get in touch through vidhikarya.com
Shanti Ranjan Behera
Advocate
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A.Dear Sir,
The Supreme Court formulated the following formula for calculating 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 .
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
The Supreme Court formulated the following formula for calculating 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 .
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Shreyash Mohta
Responded 5 years ago
A.Sir, as per your query.
1. You should immediately file for divorce [either mutually or contested]
Coming to your question of maintenance, if the divorce is mutual then the amount of money can be decided mutually by the parties and the court has no say over it. But, however, if the divorce is of contested nature, then, the amount to be paid by the husband to the wife is decided by the court on the basis of
1. Income of the husband
2. Income of the wife
3. Living style of husband and wife
4. Liabilities of husband and wife
5. Payment Capacity
on the basis of which courts fixes an amount to be paid.
Thanks and Regards
Shreyash Mohta
1. You should immediately file for divorce [either mutually or contested]
Coming to your question of maintenance, if the divorce is mutual then the amount of money can be decided mutually by the parties and the court has no say over it. But, however, if the divorce is of contested nature, then, the amount to be paid by the husband to the wife is decided by the court on the basis of
1. Income of the husband
2. Income of the wife
3. Living style of husband and wife
4. Liabilities of husband and wife
5. Payment Capacity
on the basis of which courts fixes an amount to be paid.
Thanks and Regards
Shreyash Mohta
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Surendra Rajaram Sonawane
Responded 5 years ago
A.File a divorce petition .
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Rameshwar Dadhe
Responded 5 years ago
A.U should file divorce petition . Maintenance will be dependent on court award
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