Divorce and maintenance

Dear Client,

Maintenance and settlement will be decided based on your husband’s actual earning capacity and your needs. His present income of around Rs 25 lakh is relevant, and the court will also consider that you have two dependent children. A future plan to reduce salary will not automatically reduce his liability unless he proves genuine medical incapacity. Even then, the court looks at earning capacity, not just declared income.

You can proceed with interim maintenance and press for early orders. If he remains absent, the court may proceed ex parte, but he can later apply to set it aside. You should ensure proper service and place his income details, lifestyle, and any assets held in his mother’s name before the court to show real financial capacity.

Your demand of a lump-sum settlement can be negotiated, but it depends on his proven income and willingness. The court can also grant monthly maintenance and litigation expenses for you and the children. Please consult a local advocate for proper strategy and evidence.