Divorce case in progress

Dear Client,
Your wife cannot claim alimony from your father’s property since the Indian law, especially the Hindu Succession Act, 1956 does not give rights to daughter in law over her father in law property. Alimony is normally claimed from the income or property of the husband. If you are still married to your wife at the time when your father dies, and he has not written a will which clearly says how his property will be divided, your wife could challenge the division of your father’s property and there will be claims on his property. Furthermore, include records of all the gifts and assistance you give to your father as your separate property from your father’s estate. It is advised to speak with a family law attorney for additional protective measures and to confirm that your father’s assets are shielded during the divorce. Lastly, you should try to sit down with your wife and negotiate on the regular and appropriate way to solve the issues related to alimony and property.

Hope this answer solves your problem.

Dear Client,
When a marriage is annulled by a decree of divorce, the custody of the child goes to the mother, if the child is below 5 years of age according to the Hindu Minority and Guardianship Act. Both under Section 25 of the Hindu Marriage Act, 1955 or under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and the children. This support is provided by way of a fixed amount determined by a judicial magistrate, known as ‘maintenance’ once an application is filed by the aggrieved spouse seeking maintenance from her husband. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh versus Neha (2020). Said criteria include the parties’ status, the applicant’s (in this case the wife’s) needs, and the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability. The Gauhati High Court has recently observed that if the husband is healthy, able-bodied and in a position to support himself, he is under the legal obligation to support his wife and children. A bench of Justice Malsari Nandi added that the husband's plea that he does not have the means to pay because he does not have a suitable job or business is a “bald” excuse that is not acceptable. 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 alimony/maintenance in divorce cases, there is no setup rule for paying the one-time amount of alimony/maintenance. However, the court can grant one-third or one-fifth of the husband's or wife's net worth as alimony or maintenance. Under divorce alimony rules no lump-sum settlement benchmark exists. If alimony/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, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth.

Dear client,

You wife cannot claim any share from your father's property as it is his self acquired property. She has right only over your self acquired/ owned properties.