Mutual Consent Divorce
1 month ago
No alimony, maintenance or any sum but requested 20 lakhs as educational expenses for the kid who is 11 years old or take kids custody. Initially husband agreed for 10 Lakh, but later said would take kids custody. Kid does not want to go to dad. I need support for educational expenses which husband is not ok providing, what can be done in this regards.
A.Dear Client,
Regarding the amount of alimony in divorce cases, there is no fixed rule for a one-time alimony payment. However, the court has the authority to grant a percentage of the husband's or wife's net worth, typically ranging from one-fifth to one-third, as alimony. The Supreme Court of India has indicated that 25% is considered a just and proper benchmark for one-time alimony settlements. In cases where alimony is paid monthly, the Supreme Court has set a benchmark of 25% of the husband's net monthly earnings to be awarded to the wife. While no specific benchmark exists for one-time settlements, the usual range is between 1/5th to 1/3rd of the husband's net worth.
In the case of divorce with a child, the wife can demand maintenance for the child. Custody of a child below 5 years of age is typically granted to the mother. Under the Guardians and Wards Act 1890, when a child reaches the age of 9, the court considers the child's preference for custody in appeals filed by either parent. Fathers have the potential to obtain sole custody of their children, but they must establish the unfitness of the mother, meeting the "best interest standard" set by the court. Fathers may face additional burdens in proving paternity, primary caretaker role, and the quality of the home environment. Sole custody is granted to the father only if the court deems the mother unfit to care for the child.
Regarding the amount of alimony in divorce cases, there is no fixed rule for a one-time alimony payment. However, the court has the authority to grant a percentage of the husband's or wife's net worth, typically ranging from one-fifth to one-third, as alimony. The Supreme Court of India has indicated that 25% is considered a just and proper benchmark for one-time alimony settlements. In cases where alimony is paid monthly, the Supreme Court has set a benchmark of 25% of the husband's net monthly earnings to be awarded to the wife. While no specific benchmark exists for one-time settlements, the usual range is between 1/5th to 1/3rd of the husband's net worth.
In the case of divorce with a child, the wife can demand maintenance for the child. Custody of a child below 5 years of age is typically granted to the mother. Under the Guardians and Wards Act 1890, when a child reaches the age of 9, the court considers the child's preference for custody in appeals filed by either parent. Fathers have the potential to obtain sole custody of their children, but they must establish the unfitness of the mother, meeting the "best interest standard" set by the court. Fathers may face additional burdens in proving paternity, primary caretaker role, and the quality of the home environment. Sole custody is granted to the father only if the court deems the mother unfit to care for the child.
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A.Dear Client,
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. On dissolution of marriage through a decree of divorce, if the couple has a child from their marriage, the wife can demand maintenance for the child, and the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. 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.
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. On dissolution of marriage through a decree of divorce, if the couple has a child from their marriage, the wife can demand maintenance for the child, and the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. 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.
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A.Dear Sir,
All of a sudden no husband or no Court will agree for giving Rs.20,00,000/- towards educational expenses. Better you take the same in installments that is monthly maintenance towards your son’s education expenses.
All of a sudden no husband or no Court will agree for giving Rs.20,00,000/- towards educational expenses. Better you take the same in installments that is monthly maintenance towards your son’s education expenses.
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