How to get maitainence even though i am doing job
4 years ago
My husband applied for divorce. I dont want to give divorce. He says to everyone that anywat i no need to give her maitainence. So i can leave her easily. He is money minded. So his parents and he will mould if judge allots maintainence for him. My inlaws says that i had no right again st him. Inlaws feel that my dowryand gold are equal to one flat i have bought aftrer marriage. I only paid complete EMI for that except downpayment for which he paid 4 lakhs. He recently sais to people that hardly 5000 maintainence will be there as she applied for divorce. But mediators said tgat judge allots 30000 maintainence. I canr leave job as it will completely pact my life. He is getting 1lakh and i am alao getting 1 lakh salary. How can i get him back
Sushama
Responded 4 years ago
There is no law to maintain the working women/wife by her husband after divorce.
Sanjay Kumar Jha
Responded 4 years ago
There is set law that if a wife is working women and earn sufficient mth salary then she can not claim maintainance. This may be considered in case wife is getting very less salary to maintain herself or she has children too for maintain as dependent and minor.
But otherwise, if she looses her job then she can claim for Alimony, whereas generally 25% may be considered or as living std. as lived with husband.
While , you can not claim over his or his ancestors property unless any children.
If you are getting lesser salary when compare to salary of the husband then you are entitled for maintenance to maintain your life to the status of your husband. The formula for calculating the alimony is as follows:
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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 lakhs 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 .
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