• What alimony can I claim for me and my daughter after divorce

My Name is Laxmi Saini, I got married on Feb-13, in Nov-16 i blessed a baby girl, my husband & mother-in-law don't like her as she wants baby boy. In March-16 i left my husband house and came at my mothers house. I am doing preparation of Govt. Job here. Now i want to take divorce from him but i want your valuable suggestion on following point:-

1) My husband is doing his own business (Flower decoration). The business running well and he has his own Scorpio also but he is not paying any income tax as his maximum work is in cash method. In this situation how much amount i claim for maintenance for me and my daughter.

2) We are separated from almost 2 years. Can i claim maintenance for these years also. 

3) My daughter will start to go in school from July-17. Can i claim for his education ?

4) My husband has 1 House and 1 Plot but all property in the name of my Father-in-Law. Can i claim any property for my daughter?

5) I am doing Preparation for govt. job and and if i applied Divorced Quota in any govt job after my divorce. Can i go for marriage again after govt. job in Divorce Quota? If yes, after how much time?

6) Can my Daughter regularly got the maintenance charge after my remarriage?
Asked 7 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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11 Answers

Dear.....

As soon as possible file domestic violation and ..maintinance matter in the court of law....court will award you maintinance ...for your daughter also

regards.

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1) claim Rs 30,000 per month as maintenance from husband . draw attention of court to his standard of lifestyle

2) maintenance would be awarded from date of application only

3)you can obtain court orders that husband pay his daughter shcool fees too

4) you cannot claim any property standing in name of FIL

5) you are liberty to remarry after expiry of period of 3 months from grant of divorce decree .

6)if your husband appeals against divorce decree and court grants stay you cannot remarry

7) daughter would be entitled to maintenance even after your remarriage

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. You have to declare his income in your petition for maintenance. You can file photos of his shop and car to substantiate your claim for his income as his ITR is missing. So claim 1/3 to 1/5th of his income.

2. You will be eligible for maintenance from the date when you file the case for maintenance and not from the date when you got separated.

3.Yes, you are very much entitled for her maintenance.

4. Claim maintenance in PWDV Case wherein you can claim right of residence in the house belonged to your husband.You can seek injunction on it as well.

5.Yes, you can though you have to refer to service Rules of the particular job.

6. Yes , she will remain entitled to maintenance from her biological father but not you after your remarriage.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You are entitled to file a case of maintenance under section 125 CrpC against him. He is obligated to pay you the amount which would cover your basic necessities and enable you to live the same standard of life which you were enjoying just prior to moving out of your matrimonial home. Similarly, he is bound to provide your daughter basic necessities of life and her educational expenses.

2. Under the present law you cannot claim the property of your husband but you can certainly file a DV case to enforce your right to reside in his house.

3. You can remarry only after you obtain a decree of divorce.

4. Your daughter will be entitled to get maintenance even after your remarriage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. After the current demonetisation, your husband' shall have to collect payment through cheque and file I.Tax return from where you shall come to know about his stated income. However, you anticipate his income and claim maintenance for yourself and your daughter which should be 1/3rd of his anticipated income. there is a Supreme Court order directing to pay maintenance to his wife either by begging or borrowing, if he claims that he does not earn any money or adequate money to pay maintenance to his wife.

2. You can claim maintenance from the period you have been staying alone.

3. Yes , her education expenses also shall have to be borne by your husband.

4. You can not claim any share of the property of your father in law or your husband. You can claim maintenance only.

5. If there is a Divorce quota in your state, then you can certainly marry after getting the job since nothing can prevent you in living a married life after getting the job.

6. Yes, your daughter can claim maintenance from her father till she gets married.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) My husband is doing his own business (Flower decoration). The business running well and he has his own Scorpio also but he is not paying any income tax as his maximum work is in cash method. In this situation how much amount i claim for maintenance for me and my daughter.

You have to project an estimated income out of his business activities and can claim half his income as maintenance amount to you and your daughter.

2) We are separated from almost 2 years. Can i claim maintenance for these years also.

You can claim maintenance from the date of application only.

3) My daughter will start to go in school from July-17. Can i claim for his education ?

You can add the expenses for your daughter's education once you have got your daughter admitted to school.

4) My husband has 1 House and 1 Plot but all property in the name of my Father-in-Law. Can i claim any property for my daughter?

No, you cannot claim any share in the property that belongs to him or his father.

5) I am doing Preparation for govt. job and and if i applied Divorced Quota in any govt job after my divorce. Can i go for marriage again after govt. job in Divorce Quota? If yes, after how much time?

There is no question of divorce quota. There cannot be any restriction for marriage even if you get a job.

6) Can my Daughter regularly got the maintenance charge after my remarriage?

Yes, she is eligible to maintenance from her biological father till she is getting married.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) if it is self acquired property of father in law grand daughter had no share in grand father property

2) property which has remained undivided for four generations is ancestral property

3) you can continue staying in house till your remarriage

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1) Can my daughter claim for the property if the property is ancestral and now in the name of Father in law.

The property standing in the name of your father in law cannot be ancestral in nature or character, hence your daughter may not have a legitimate right in it.

Even if she plans to claim a share in it, she can claim a share out of her father's share in the property, which I am afraid, is not there.

You have rights for residence which can be claimed from your husband during the subsistence of your marriage with him.

Is there any specific time to stay in that house. I mean can i stay there till my remarriage.

You can stay there till the time you are his legally wedded wife.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Yes your daughter can claim

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. If the property is ancestral in the hands of your daughter then she can certainly file a suit for partition to cull out her share therein.

2. During the subsistence of your marriage you have the right to reside in the matrimonial home at all times.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If the property stands in the name of your father in law now, it is not called an ancestral property anymore. Your daughter cannot claim any share of her grandfather's properties during his and your husband's lifetime. After the demise of your father in law, intestate, your husband will inherit his share of his father's property and after the demise of your husband, intestate, your daughter will inherit her share of her father;s property even after your getting the decree of divorce.

2. You can claim your right for alternate accommodation and can stay therein till you are remarried.to another person.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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