My husband is an Army officer. I have applied in army for maintenance, as per Army act they are providing me 22% of his gross salary (without Tax deductions) to me. Can i again put a case in civil court to increase in it ?? As my marriage is a love marriage without parents consent and i have no support from my family. 22% will be around 18k out of his 85k gross salary. Can civil court pass an order to increse in it?
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you have been granted place to stay in husband army quarters or not
2) if so amount of maintenance is fair and court will not increase it
3) courts generally around one third or one fourth of net income after taxes as maintenance to wife if she is not working
Hello mam , you can appeal in the Delhi high court , in order increase the monthly maintanace
If you are receiving a maintenance u/s 125 of Cr PC then you may put a writ for revision u/s127 of Cr PC for alteration in allowance. as in your case the maintenance is allowed as per The Army act and is allowed as per the guidelines, The civil court may increase or decrease the amount as the Army Act does not provide any ceiling on the amount to be paid to the wife and legitimate children.
1. As per latest Supreme Court Judgment, 25% of net income of the husband was allowed to the unemployed wife.
2. In your husband's case, he might be drawing around Rs.60 K net per month after deducting I.Tax, P.F, EMI, compulsory medical expenses for chronic ailments for self and dependent parents etc.
3. In the above event, you shall not stand to gain by taking the rigorous exercise of filing and pursuing case before the Civil Court.
4. There will be hardly any tangible gain and the said gain, if any, shall outweigh the expenses and the associated hardships and toil in pursuing case before the Civil Court.
Respected mam..
You can file a suit for maintenance Under 125 of crpc and in petition you have to mention all such facts that you are getting 18k which is not sufficient and also mentioned the need of money that 18 k is not sufficient and you need more of it ...Mam it is your Right no one can deprive you from that if you want and need just do it ...
Thanku
Cannot
Dear Client,
It is statuary remedy available to seek maintenance under various acts, Sec 125 Code of Criminal procedure, Sec 24 & 25 Hindu marriage act, various remedies available Under Domestic Violence Act.
Just don't fail to disclose Army act case and relief grated in the petition.
Hi
Yes you can file a maintenance enhancement petition in court under section 127 Crpc if you are not satisfied with the present amount you are getting.
Thank You
As per the well established judicial precedents a wife is entitled to 25%-30% of income of husband.
So you can file a case before the court of law under PWDV act or under section 125 crpc and claim maintenance, alternative accommodation and damages.
You can file a petition under section 127 if you are not satisfied with the maintenance provided to you.
Also, I would not advise you to file a case for enhancement of maintenance, since the court (civil) will also not provide maintenance more than this and there is no point of subjecting yourself to the rigors of law.
Regards
Yes you can approach the family court with fresh petition of maintenance, stating the earlier orders too. The court if thinks deem fit would increase the maintenance amount
This is just and proper alimony, inasmuch as, even the Supreme Court has recently ruled that 25% from the net salary to estranged wife, constitute 'just and proper' maintenance.
Fighting for 3% extra percentage makes no sense, owing to the fact that you'll end up bearing hefty expenses in getting this done.
Also, there is surety that the maintenance would be increased only by 3%
Thanks all for your valuable advice. In addition can i do a job after starting of my maintainance , as dis maintenance would not be enough for my survival in city like Delhi where i have to pay rent too?? Iam planning to teach in a school where i can draw max 12-15k. 2. If My husband asks me for divorce with mutual consent , how much should i ask him alimony amount? I mean in cases like this what should be a decent amount . Provided his salary is 85k with no loability and no Dependent. ( I don’t want to get financial gain out of my marriage iam asking this because for him i left my family , my city , my job and everything and in the last he betrayed me. I can’t punish him any other way as matrimony cases don’t send u jail so i just want to punish him im financial way)
1. Yes you can work. Just try to hide this from your husband.
2. That depends on you. Negotiate with your husband on this. Since, there is a long way ahead, anything in between 40-60 lacs is just.
There is no amount called decent in permanent alimony.it varies and depends on mutual consent and status of the parties.
Yes you may start a job
Alimony shall be claimed as per the capacity of the husband, you must claim a lum sum amount of 20 lakhs
Otherwise at the time of mutual settlement it is upon you as to how much alimony you want as settlement.
Also the grounds on which the divorce is being sough on your part form important aspect of calculating alimony.
Regards
Let me know if I can be of any help.
You can work in school even after court awards you maintenance
2) husband would apply for modification of maintenance order if he comes to know you are working
3) seek Rs 15 lakhs as alimony
1. Once you are employed, you shall become dis- entitled to claim the maintenance up to the amount of the salary you get. The Court will award maintenance to you as per his net monthly earnings.
2. In the case of mutual Consent Divorce, all the terms are settled mutually and the Court shall have no role to play here other than issuing the decree as jointly prayed for. You shall have to make change in your thoughts while approaching the Court of law. You should pray for remedy and/or justice from the Court. you can not punish your husband for whatever reason you might think leaving the said job to the Court.
3. If the Court gets the hint that your primary aim is to punish your husband, then the Judgement might go against you for which you shall have to be very careful.
Hi
If you proceed with a Job then your maintenance might stop on the objection of your husband and if he does not object to your job then you may continue with receiving the maintenance.
Suffecient alimony amount could be decided by you both only .
Ask for 30lakhs (should be sufficient to give life a new start) , depends on the consent of your husband.
Thank You
Mam..
You can do job but do it after getting maintenance decree from the court ...If you will did it prior to court decree that will effect tha mainatnce amount ...So try to do it latter on and mam plz be careful that your husband will not get your job details in future else he will file a case to reduce mainatnce......
The person had spoiled your life as you had left your family and natives just because of him and he did such a shame less thing ...So you can ask the maximum amount you can because you have to servive in future so you can ask 40 to 50 lakshmi..
Thanku
If he has no dependent than court will order 30 to 40 % maintenance,
It should be 20 lacs or more. Since when he is doing job.
Yes, you may work to support you even if you are getting maintenance from your hasband.
He may go to the court for revision of maintenance or may make a revision request in Army to revise the amount and the decision of the Army will be contestable in the court.
Now for the mutual settlement divorce you may ask and settle for an amount which you think that your hasband will be agree to pay.
That will be good to support you till the time you again get married.
If you want an enhancement of maintenance then you may have to file a maintenance case under section 125 cr.p.c. against him seeking the quantum you may desire to get.
The court after analysing all the facts, shall dispose the case accoridnlgy, as per merits in both the sides.
You cannot seek enhancement on the basis of the maintenance now being directed from Army authorities, you have to file a fresh case seeking maintenance, the court may decide about it after considering all the factors involved in this,.
If you want to dissolve the marriage by mutual consent divorce, you may place the demand for permanent alimony by fixing a sum as one time settlement.
The quantum may be decided based on your status, his financial and economical background, and justification.
You can analyse his annual income and his assets, place your demand to half of his annual income into ten times, this may be a decent demand, but let him also agree to this by a MOU before signing the papers for mutual consent divorce.