• Wife's right in process of divorce

We have spent about 30 yrs after marriage. Now wife has filed FIR and I am waiting for anticipatory bail. I wish to go for judicial separation. Wife may think for opting divorce to get alimony. 
My question is:
1. what will be maintenance amount if my net salary is 100000. It is fixed on gross salary or net salary.
2. What is her right on my owned property? Can she claim 50% in my earned property?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

amount of alimony shall be decided on net income of husband. net income is decided by excluding all the expenses and liability of husband and his dependents. if your monthly expenses is about 60 K then amount of alimony shall be decided on 40 K.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1)courts generally award between 25 to 30 per cent of your net salary as maintenance

2)wife has no share in your self acquired proeprty

3) alimony is at discretion of court depends upon your income . wife income , standard of life style , number of dependents etc

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

The amount of maintenance payable to her will be determined by the court keeping in mind several factors, including your social status, your other liabilities etc. Thus, the maintenance cannot be qualified at this stage.

She has no right over your self acquired property and you may do whatever you wish to, with the said property.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

their is no mathematical formula for calculation of alimony, it all depends on the facts of the case. The basic principle is inflow of money should not mark a difference in lifestyle of both the parties, and the same is granted in this principle alone.

She can claim a part on your self acquired property.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1)you need to obtain court orders restraining your daughters from entering your property

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

If it's your self acquired property, you're are it's absolute owner and may do whatever you wish to with this property.

Seek an injunction from Court to restrict them from entering your property. However, before approaching the court, you can send them a legal notice.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello,

Legal notice is not issued but you can file a civil suit in the lower court for permanent injunction requesting the court to restrain them from entering into your property.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Hii, in deciding of maintainance gross salary is considered .. However of your wife is working she cannot claim maintaince for herself and can only ask maintanance for unmarried daughter ... Deciding of maintanance Depends totally upon court discretion ... They do not have any legal claim over your property, all they can ask is for maintanance .. You can disown them from the property by advertising it in the general public newspaper ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. It may be around 40000 having regard to the net salary.

2. Under the present law she has no share in your property, however she has the right to reside in her matrimonial home.

3. To restrain the wife and daughters from entering your property you have to file a civil suit for permanent injunction against them, but such orders are not ordinarily passed unless the husband can prove that the presence of wife and children in his house will cause physical and mental cruelty to him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

children have no right to claim share in property in the life time of father. so you can execute a WILL and make arrangement of your property,

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. There is no yardstick to measure the quantum of maintenance in a matrimonial dispute.

It depends on how she proves your income and how you defend your interests, to the satisfaction of court.

In general, the court may decide on the net salary to an extent of 1/3rd of your salary income provided she is unemployed and has no independent sources of income to sustain herself.

2. She has no rights in your property whether it is self acquired or inherited, at least during your lifetime. Any case filed by her in this regard may not be maintainable or legally tenable.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

I have two daughters. One is married and other one is 19 yrs old. Both are in mother's side in my matrimonial dispute. I want to restrict their access / entry in my property. I do not want them to enter into my property premises. How this can be done legally? Is there any method to send them legal notice through court?

The property owned by you are your own own and absolute properties.

Nobody, including your daughters have any right in the properties during your lifetime.

You can deny them the rights to enter into the properties even if they may have any reasons justifying their entry into the house.

Your wife has residential rights in her matrimonial home so long she is your legally wedded wife.

But you can shift your residence to some other place and can ask her to reside there instead of this place.

She cannot insist to stay particularly in this house only.

You can issue legal notice to your daughters if they harass or torture you claiming share or posing threats to enter into your house property.

You can warn them of criminal trespass action against them if they do not refrain from indulging into such illegal acts.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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