Remuneration
2 months ago
My husband's salary is 1, 10,000 net take home and mine in 50,000.
We have a 5 year old daughter who stays with me. We live in a rented house.
Please advise how much remuneration I can claim from him.
He doesnt want to give me any and asking if I will provide him maintenence.
A.Client,
The law requires either spouse to pay divorce alimony in India. 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. 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.
The law requires either spouse to pay divorce alimony in India. 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. 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.
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