Menu
keyboard_backspace
ask a question
Free Legal Advice
Selected {{UnlockArray.length}}

Q. Am I eligible for maintenance? How much? I don't want to opt for divorce.

Placeholder image

Anonymous

posted 4 months ago

Q.Am I eligible for maintenance? How much? I don't want to opt for divorce.
My in laws used to abuse me... My husband is in total their control. They harrass me and feed my husband against me. I used to stay with my husband in different city but whenever my in laws came, they used to taunt me, abuse me and my family, slang me and my husband support them.
Earlier they abandoned me and physically abused me. I filed domestic violence case after medical check up n police complaint. Against which they filed one fraud case to pressurize our family. During proceedings they came n took me back home with my one year old kid and crashed the dowry case. But then I realized that it was my mistake. My in less continues to torture me... Emotionally, mentally n financially. But I survived as I was residing in a different city. I tried my best to improve my husband view. I love him a lot. Few days back again my in laws came to my place and started cruelty, fighting n my husband ask me to leave. Totally lost and devasteted I was so much depressed that I tried to commit suicide. My husband sent their parents back and then called one doctor after asking my elder son so many times for help. I came to my parents home with my two sons. One is six n other is three years old. From past four months I am staying with my parents. Husband never showed any interest in me or my kids. I called him and try to sort things n make him understand but no result. He is earning 30-35 lakhs per annum and in these 4 months he gave 25 thousand to take care of us.
I am a dentist but I worked for hardly six month in my life... I am not even in touch of my field from past 6-7 years.
He took advantage of my feelings and sympathy. He recorded so many things and said that I left my home willingly.
Yes I am trying for suitable job but with two kids and a long gap and mentally depressed I am finding it difficult. Please suggest what should I do?

Please do not provide your contact details here. We share your contact details on demand from the client.

Your Registration is Incomplete. Please Complete the Registration

Sorry, Your Profile is not activated.

Sorry, You can't respond to the Question as your account has been blocked.

Response is Required

Response should be with in 4294967295 characters

~ and ` characters are not allowed

Symbols are not allowed (Excluding #)

# Symbols is required

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

View All Answers

A. ) Dear Sir,
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Suneel Moudgil

Experience: 15 Year(s)

Responded 4 months ago

View All Answers

A. ) file a case of maintenance against him
you can and should file a case of domestic violence against your husband/inlaws for causing mental, social and physical abuse to you.
you have a good case
“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, earnings, etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

View All Answers

A. ) In this situation u should file maintenance petition against Ur husband. Approach to the any local lawyer for it

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share

Viswanath M K

Experience: 5 Year(s)

Responded 4 months ago

View All Answers

A. ) What you should do depends on what you need to do. If you need maintenance, you can file a criminal case against your husband. If you want to live with your husband, you can file a case for restitution of conjugal rights (which means asking the court to make your husband live with you).

Placeholder image

Anonymous

Replied 4 months ago

Rcr will not help in my condition.... I have already gone once. They are not improving. They are not ready for any sort of councelling plus they said that councellers are no one to sort anything...
In case of msintainance, how much should I ask... What will be the maintenance (approx) I can get?

Placeholder image

Viswanath M K

Experience: 5 Year(s)

Replied 4 months ago

Ask for half of his income so that you may be getting 10-15000

Reply is Required

Reply should be less than 4294967295 characters.

Helpful
Helpful
Share
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us