Divorce
1 week ago
If I divorce my husband by mutual agreement and get custody of child I am entitled to alimony or any rights? My husband has nothing on his name and he is not working right now. His family has farming land but on his father's name.
A.Dear Client,
After the passing of divorce decree, the wife is entitled to claim maintenance under Section 125 of CrPC for herself and the child. The section provides maintenance to wives, children, and parents who are unable to maintain themselves. The Bombay High Court has held that in addition to husband's income and assets, the assets and financial position of his family are also to be considered while deciding the quantum of maintenance/alimony. Further, the Allahabad High Court has stated that a husband is duty-bound to provide maintenance to his wife, even if he has no income from a job, as he can earn about ₹300-400 a day as an unskilled labourer. Hence, you can file a suit for maintenance before a jurisdictional court and seek for appropriate maintenance. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
After the passing of divorce decree, the wife is entitled to claim maintenance under Section 125 of CrPC for herself and the child. The section provides maintenance to wives, children, and parents who are unable to maintain themselves. The Bombay High Court has held that in addition to husband's income and assets, the assets and financial position of his family are also to be considered while deciding the quantum of maintenance/alimony. Further, the Allahabad High Court has stated that a husband is duty-bound to provide maintenance to his wife, even if he has no income from a job, as he can earn about ₹300-400 a day as an unskilled labourer. Hence, you can file a suit for maintenance before a jurisdictional court and seek for appropriate maintenance. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who are unable to maintain themselves. It applies to all religions and is not specific to any particular religion. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. As regards the quantum of maintenance, there is no setup rule for paying the maintenance. If maintenance 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 to resolve a claim of maintenance, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. Reach out to an Advocate for guidance and steps.
Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who are unable to maintain themselves. It applies to all religions and is not specific to any particular religion. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. As regards the quantum of maintenance, there is no setup rule for paying the maintenance. If maintenance 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 to resolve a claim of maintenance, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. Reach out to an Advocate for guidance and steps.
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