• How much Alimony i get?

Hi Sir,

I am a wife and badly want to take a divorce from my husband.Our days starts and ends with fighting(verbal).Since my husband shifted to abroad for his work,i had to leave my job and join him with MY 1.5 years baby.My husband wanted me to pay my bills so he got me a job in his office itself and took 50 % money for house expenses .My husband is always behind money.He also takes additional 5% of my monthly salary as his commission for getting me a job. Though i give him all financial support,he is not ready to help me in any house chores or taking care of baby.Since we are in Abroad,we don't get domestic help easily.My health is also getting worst.
Now my concern is,if i want to take divorce,i want to quit this job and go back to Bangalore and search for a new job with my baby.That will all take time.My husband is not ready to help me financially.how can i approach the court for alimony?how much will i get?

My husband salary:2.2 Lac Rs
My current sal:1.2 Lac Rs
My education MCA
Baby 1.5 year son.
We are married since 5 years

Please guide me through this process
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

1) you can file for divorce on grounds of mental cruelty in bangalore

2) seek alimony from husband and maintenance for your child

3) since you are highly qualified and working you would not get substantial sum of money as alimony

4) however you would get maintenance for your baby of around Rs 30,000 a month

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

5% of my monthly salary as his commission for getting me a job -- Very poor,

You can come to Blore and file domestic violence case and maintenance.

few courts says, Professionally-Qualified, Capable Of Sustaining Self Spouse Not Entitled To Interim Maintenance: Delhi HC [Read Judgment]...

But U have baby, and this present stages such ruling has no application. Next when question of survival and new start comes, court definitely grant you maintenance.

25% of salary is just maintenance, as ruled by SC - 25% Of Husband’s Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC [Read Judgment]...

Read more at: http://www.livelaw.in/25-husbands-net-salary-just-proper-awarded-maintenance-wife-sc/

Sec 24 Hindu Marriage Act - Alimony can be gross sum or such monthly periodical sum for a term not exceeding the life of the applicant.

+Towards child expanses and right to residence. Rent or rental accommodation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to approach court with maintenance petition under section 125 Crpc in that only seek for interim maintenance of you and your child you need to get his salary certificate to prove his salary. Court will order 1/3rd of his salary as maintenance amount.

Secondly since you are educated court may just grant you interim maintenance and final maintenance will be granted to your child and nominal maintenance for you.

If you want to file divorce you can claim permanent alimony by filing petition for divorce under 13(1)(a) of Hindu marriage act and application under Section 24 for maintenance.

You need to be present in India at time of filing you must be residing within jurisdiction of the court you want to file a case.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Don,t worry, many advocates provide service on commission basis that they will take fee after maintenance, Nominal fee for filling cases have to pay.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a divorce on ground of cruelty in family court banglore and file for interim maintainance along with the divorce since you quit your job and you donot have any amount to service and maintain the court shall grant you maintaince for you and your child

Further also you can file a crpc 125 application before magistrate for maintainance for you and your child you will get the maintaince.

Since husbands duty to maintain child and wife though your qualified but at present time if no source you shall be entitled to maintaince and 25 percent salary is just and reasonable maintaince as decided by SC along with maintainance for your son

Alimony is granted at time of divorce based on various fsctors income of husband, there lifestyle.needs ,child support since at time.of filing you will receive a interim maintainance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly it is important to know as to where did you wish to obtain divorce, abroad or in India? Also, is your husband ready to go for mutual consent divorce?

Please answer the above questions so that a concrete reply can be given to your query.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

you can claim school expenses for child

2) tuition fees if any paid

3) transport charges for the child

4) expenses incurred for clothing , entertainment etc

5) you have to give detailed break up and justify amount claimed as maintenance for the child

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. in the present circumstances you are not eligible for any alimony.

2. However you are entitled to claim maintenance from your husband towards expenses of your son.

3. This may not be actual basis and the maintenance of the child would depend to commensurate the status and income of father of the child.

3. The duration of marriage is of no consideration.

4 You can though ask for damages and compensation along with return of stridhan, if any though the same proceeding filed under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Initially you may not get any financial help from your husband if you decide to quit your job and relocate to Bangalore with your kid. So, it is of utmost importance that you first create some sort of savings for yourself. Also, walking away from your husband with your kid is not going to be very easy, what with you having been a golden egg laying goose for your hubby all along, so you need to properly plan your exit rather than taking hasty decisions.

As far as your query regarding how much alimony you would get, depends on several other factors too such as your standard of living, your husband's liabilities and disabilities etc. Your child should get a good amount though.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Hello,

As and when you come back to India, you may file a case under section 125 of the Cr.p.c. and claim maintenance from your husband.

You may claim maintenance for your child as well.

There is no mathematical formula by means of which the alimony can be calculated, depends on the claim made by you as per the factual scenario.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You cannot get alimony without divorce however you can file a maintenance case under section 125 cr.p.c. without applying for divorce.

For this you may have to quit your employment and prove that you have no source of income and fully dependant on him.

You can claim maintenance for both yourself and your kid.

Moreover you can claim maintenance only from a court in India as per Indian laws, if you decide to claim maintenance as per the laws of that country, you may look for the feasibility by consulting an advocate of that country by convincing your circumstances and his nature.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

The alimony is dependent upon the social and economical condition of parties and you need to better go for the MCD and bargain the amount of alimony if you can and file petition for the the maintenance of self and the child under section 125 of CrPC.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You may get ailmony for maintenance of your baby.The ailmony amount is the discretion of the judge and can't be quantified. But you will get a good amount.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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