• Alimony and maintenance for wife and son

Hi,i'm married for 4 yrs and i'm a working women with my salary less than my husband(abt half). i have almost 2yr old son and i'm staying in my parents house for last 2 yr(frm the time my son was born) due to fight between me and my husband.Now he wants divorce and i dont.hence i'm not going for mutual consent divorce. if he applies for challenge divorce, will i be eligible for maintenance for myself and for my son?If yes then how much i can claim for?
Asked in Family Law from Bangalore, Karnataka
Religion: Hindu
If a lady is working and can support herself like in your case, if employed; then you would not be eligible for maintenance. However, for son you would have to prove that your income is insufficient to maintain your son.

You may claim any amount, however, it needs to be justified.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations

4.4 on 5.0

Of course, you are entitled to maintenance for yourself and your child, as well as alimony, even if the case is filed by your husband. The quantum will depend upon your earnings, his earnings, your lifestyle while living together, cost of education and welfare of the child. You can claim the sky; however, court will allow only what is reasonable in the circumstances.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

3.8 on 5.0

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