Interim maintenance from husband whos working in USA
3 months ago
Having initiated a divorce case in India citing "cruelty," my husband working in the USA has granted a GPA to his father. I've faced considerable mental abuse trauma. I’m having 6year old daughter and filed for maintenance, specifically seeking interim maintenance in court. Despite completing my B.Tech in 2011, I didn’t work before with only a year as a preschool teacher in the USA from 2020 to 2021 to survive but due to ongoing mental and physical abuse, I had to leave the job and move to India, where I am currently not employed, focusing on healing from the trauma. My query is whether I qualify for interim maintenance, considering my B.Tech background, and if so, what amount could I and my daughter potentially receive?
A.Dear Client,
The academic background of a person without a source of earnings is not considered while awarding maintenance by the Court in a divorce petition. The right to claim maintenance under Sec.125 Cr. Pc is not extinguished based on your academic background or even if you are earning if it falls short of maintaining your lifestyle and social status. As regards the quantum of maintenance or alimony in divorce cases, there is no setup rule for paying the maintenance or one-time amount of alimony. However, the court can grant one-fifth to one-third of the husband's net worth as alimony. If maintenance or 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.
The academic background of a person without a source of earnings is not considered while awarding maintenance by the Court in a divorce petition. The right to claim maintenance under Sec.125 Cr. Pc is not extinguished based on your academic background or even if you are earning if it falls short of maintaining your lifestyle and social status. As regards the quantum of maintenance or alimony in divorce cases, there is no setup rule for paying the maintenance or one-time amount of alimony. However, the court can grant one-fifth to one-third of the husband's net worth as alimony. If maintenance or 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.
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A.Dear client,
A wife who is divorced is entitled to maintenance as per Section 125 of Code of Criminal Procedure. The magistrate decides the appropriate maintenance. The same is applicable to your child as well. Interim Maintenance is applicable in cases where the proceedings is still going on.
Although you are educated, the husband is obligated to maintain you and your child. The Madras High Court recently held that "wife is educated and could support herself" is no reason to escape maintenance. In your case, assuming that you are not earning, you may seek for an interim maintenance.
With regards to the amount prescribed for maintenance, it varies from case to case. You may calculate it by your basic livelihood costs and the welfare of your child. You can also claim additional maintenance for the mental abuse caused by your husband as either compensation or monthly instalments.
Thank you
A wife who is divorced is entitled to maintenance as per Section 125 of Code of Criminal Procedure. The magistrate decides the appropriate maintenance. The same is applicable to your child as well. Interim Maintenance is applicable in cases where the proceedings is still going on.
Although you are educated, the husband is obligated to maintain you and your child. The Madras High Court recently held that "wife is educated and could support herself" is no reason to escape maintenance. In your case, assuming that you are not earning, you may seek for an interim maintenance.
With regards to the amount prescribed for maintenance, it varies from case to case. You may calculate it by your basic livelihood costs and the welfare of your child. You can also claim additional maintenance for the mental abuse caused by your husband as either compensation or monthly instalments.
Thank you
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