90,000+ Legal Questions Answered

My wife wants divorce without any reason My wife wants divorce without any reason

4 months ago

MY WIFE WILLING TO WANT DIVORCE WITH OUT ANY REASON WE HAD 1 YEAR OLD CHILD SHE ASKING CHILD MAINTANCE FEE RS. 25,00,000/- ALSO SHE IS NOT MEET MY CHILD ALSO

Legal Counsel Vidhikarya

Responded 4 months ago

View All Answers
A.Dear Client,
The law requires either spouse to pay divorce alimony in India. In fact, alimony gives an estranged wife some consolation in monetary comfort. However, in most cases, it is the husband who has to pay financial support to his divorced wife. There is no set pattern or hard and fast principle for calculating the amount of alimony that the husband must pay to his wife. Alimony can be paid on a regular or monthly basis, or as a one-time compensation in the form of a lump sum. As regards the quantum of alimony in divorce cases, there is no setup rule for paying the one-time amount of alimony. However, the court can grant one-fifth or one-third of the husband's or wife's net worth as alimony. Under divorce alimony rules no lump-sum settlement benchmark exists. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. As regards child custody, if the child is below 5 years, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. Reach out to an Advocate for further guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMarriage problem
Dear Sir, Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
question iconMy wife hardly stays with me what should I do
Dear Sir, First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
question iconDivorce case
Dear Client, In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
question iconHusband harrasment
Dear Client, In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
question iconMental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam, Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.