• Divorce

After divorse when and how much compensation is given to a lady by his husband....what is the criteria for compensation
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

1. On divorce it is the discretion of the court to award permanent of temporary alimony.

2.in the case of permanent alimony the amount is often token amount which may not consider the actual income of husband.

3. However in the case of temporary monthly alimony which may directed to continue till her remarriage the amount should be around 25% of the monthly income of husband.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

compensation is granted by the court when wife relinquishes her right to maintenance. these are the grounds taken into consideration by the court while granting compensation:

1. status of wife.

2. actual necessity of wife.

3. tenure of marriage.

4. age of wife (young wife is entitled for huge compensation)

5. chance of remarriage of wife

6. income and status of husband (if living status is high then compensation will also high)

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

compensation is like indemnity so all the rules applicable therein shall be applicable in compensation also.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Wife is entitled to alimony from husband

2) it depends upon husband income , wife income , standard of lifestyle

3) it is at the discretion of court

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

If your wife is working and there is not much difference in your incomes wife would not get substantial amount as maintenance or alimony

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

After divorce, the compensation or alimony is not an automatic event.

The wife should file an application seeking alimony and in her claim she should clearly mention his income from all sources and should also provided substantial evidences to establish her claim.

In that event, the court if satisfied and convinced about the husband's income may grant maintenance upto 1/3rd of his proved income.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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