• Husband pressurizing for divorce

I am Hindu and married for over 7 years. I have 6 year old daughter. My husband is living outside India (Myanmar). He has stopped all the communication with me in month of Jan 2018 as he has got into relationship with other woman and want divorce to marry her. He has also stopped sending financial help. I don't have much proof of affair but he has told me this over the call. I have already filed for crpc 125 (claiming 2 lac ). He does not know this yet but just after i filled the case he called me and started pressurizing me for mutual divorce. He is willing give 50k every month and a fixed deposit of 10 lac on the name of my daughter plus 1.5lac per years against her policy . His sal is appox Rs 55lac/yeas. I am also working and have sal of 10 lac. I don’t have any saving or property on my name. My purpose is financial security of my daughter and me. I have no hurry to get divorce or no divorce at all. I also have no problem in giving divorce if he secure our future decently. What can he do to reduce the maintenance or avoid the maintenance? Should I file for sec 9 before he does to avoid maintenance ? I can’t leave India and my job to live with him as I don’t trust him that he will fulfill his responsibility towards us properly. How much amount I can get in maintenance and/or alimony.
Asked 2 years ago in Family Law from gurgaon, Haryana
Religion: Hindu

1)seek lump sum amount of Rs 1 crore as alimony from husband

2)ask him to place said amount in fixed deposit in name of daughter

3) considering his salary monthly maintenance of rs 50 ,000 per month is very less . in alternative ask him to pay Rs 1 lakhs as maintenance

4) husband would draw attention of court to fact that you are working and earning Rs 10 lakhs per year to avoid maintenance

5) amicable settlement is best option . you can file petition for RCR if you so desire

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

Seek for atleast 20 crores for alimony, do not file section 9 until and unless he files contested divorce moreso stick to 125 for now.

Aveek Bose
Advocate, Kolkata
1062 Answers
7 Consultations

4.7 on 5.0

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offenses.

A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties

The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute. The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependent on the factual situation of the case.

A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband. So in mutual divorce you can claim or bargain for better maintenance as lump sum. So wait for arrival of best package from your husband.

Ajay N S
Advocate, Ernakulam
3202 Answers
67 Consultations

5.0 on 5.0

1. The problem for monthly maintenance he is assuring today is if he stops sending the same you will have to go o court once again.

2. Hence it is advisable to get lump sum so the interests of the said amount ensures the monthly maintenance he is proposing to pay.

3. if you file maintenance case under PWDV Act mad manage to prove his present salary then your maintenance would not be less than 1/3-1/4th of his income.

Devajyoti Barman
Advocate, Kolkata
18577 Answers
266 Consultations

5.0 on 5.0

Hello mam,a wife can claim upto 1/3th salary of her husband and further if she is having a child ...since you already have demanded 2 lac per month which is almost forty percent of his salary ,it is now advisable to contest the case on merits ..It is not advisable to agree for mutual divorce at this stage untill and unless he agrees to compensate with handsome amount of alimony...yes, you can initiate RCR petition against him ''

Hemant Chaudhary
Advocate, Gurgaon
4333 Answers
32 Consultations

4.9 on 5.0

First of all get prepared a settlement deed wherein write down everything you want from your husband like maintenance and alimony, the amount of maintenance under DV Act would go to around 25% of his net salary/income.

After you get the settlement deed signed and get the delivery of things and money as per settlement deed then file a mutual divorce papers in court and and file the settlement deed with the divorce petition as Annexure.

Further you may get divorce in a week or two as per the recent waiver of cool off period of six months by Supreme Court as Gurgaon court has granted mutual divorce in a week in one of my case.

So as per me if he is ready to give you the financial security then filling of mutual divorce case would be best.

Thanks, hope this will help

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.0 on 5.0

Hi

it is advisable to go ahead with a mutual divorce .

Pressurise him to give you more amount in terms of one time settlement as a fixed amount in your daughter's name, if he is not ready to pay monthly expenses and educational expenses of your daughter.

Give him an option to pay a fixed some at the time of the divorce and ask him to pay all the educational expenses of your daughter till she finishes her education

the maintenance and alimony is sought approximately on 1/3 percentage of an average income .No bar when it comes to mutually agreed divorce as he needs divorce let him pay for it

You can file for RCR as you are not intending for a divorce, which will pressurise him to strike a better terms and end the matter in a mutual Consent divorce by paying you. Technically it will be right step.

Thresiamma G. Mathew
Advocate, Mumbai
1574 Answers
156 Consultations

5.0 on 5.0

Hello, if your husband wants divorce, you can go for mutual divorce. But before getting into divorce proceedings you can both sign a MOU on certain terms and conditions regarding child custody, maintainance, alimony.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

In a case, SC had said in 2017 that, "25% of husband's net salary might constitute a “just and proper” amount as alimony". So you can get that or above.

Since you have filed for maintenance case, it is good. If he wants to reduce the amount of maintenance he can either show his income: expenditure costs since he us staying out side India, or some other reasons which will help him.

If you want to continue with the wedlock you can go for restitution of conjugal rights.

If you have heard from him about his extra marital affair and his willingness to Marry the girl after divorce, you can lodge a police complaint/FIR so that Police may investigate the matter.

For any further help you can seek help from Women Commission and/or NGO.

If you see that your husband is not supporting you financially then you can pray before the Court so that the learned Court may pass such order which is for the benefit of you and your child.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

You need to decide carefully about leaving India as you may stuck in a rather difficult situation as you have to leave the job.

125 will be allowed for the daughter and not possibly for you as you are working.

The MCD is always negotiable and you may negotiate for a better terms and payment.

Section 9 is of no use for you as you may not comply it even after decree.

Vimlesh Prasad Mishra
Advocate, Lucknow
6174 Answers
19 Consultations

4.9 on 5.0

Respected Mam,

In my advise you should ask your husband to created fix deposited in name of you and your daughter for amount of Rs. 1 crore each looking at his imcome .

And an monthly maintenance of rs 50 thousand for each daughter and you upto daughter marriage.

He need pay for daughter education and health insurance and marriage expense.

If he agrees to all.these conditions and make an deposit make an agreement stating all these facts you both can sign it and it is advisable.to go for mutual.dicorce as the court cases will difficult for.you too.

If he not agreeing the amount or any amount you deem fit file a RCR or if cruelty from his side case.of domestic violence.

If maintaimce case go before court he shall content you are also eating therefore try to reduce.the maintainence amount.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
91 Consultations

5.0 on 5.0

1.) He will try to prove your capability of earning and to maintain yourself & child. Contrary, you will need to prove your daily lifestyle with respect to every aspect such as education of child etc.

2.) There is no hard and fast rule to calculate the amount of maintenance, all it depends upon education, income from all sources, lifestyle, economic and social status, debts, liabilities and responsibilities of both the parties.

You should get minimum 1/2 of his gross/net income from all sources as monthly maintenance for you and your child.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Firstly, as you have mentioned that you have no qualms about giving him Divorce if he settles you and the daughter financially, i think you should speak to him and see if he agrees to your proposition.

If that does not work out, irrespective of whether he will file or not, i think you should file a Sec 9 Petition for RCR as that will bring some pressure onto him.

If he is ready to give a MCD, then there is no fixed quantum or ceiling to the alimony amount. It depends on what is the consensus of the parties. However, in contested matters, no fixed amount can be mentioned as it depends upon several factors and is at the discretion of the Court. However, you should be able to get a good amount.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

If you too are open for divorce, provided your financial care is taken off, you are advised to negotiate with your husband on this topic. It is advisable that this discussion is done face to face.

In this in mind that your husband cannot divorce you unilaterally. I think in this case you shouldn't take the first legal move.

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

Since you are employed and drawing a very handsome salary, he may reject your maintenance claim on the same grounds and he may opt to pay the same amount what he has proposed to give you as monthly maintenance , to the child.

Your maintenance case may not sustain hence it would be better you have a better bargain in the name of your child for a huge amount in the name of oint time settlement.

If you both cannot live and continue the marital relationship with the given difference of opinion allegations, you may better negotiate the one time settlement amount and may agree for mutual consent divorce so that your life is continuing without any meaning henceforth.

You may think about it and decide patiently, of course only if he agrees for the huge amount you are expecting out of him.

T Kalaiselvan
Advocate, Vellore
61888 Answers
799 Consultations

5.0 on 5.0

Dear Madam,

In the last you have mentioned you cannot believe your husband. In this background it is not safe to accept monthly maintenance. On the other hand you may claim property worth of Rs. 2 to 3 crores in India which will fetch atleast rents of Rs. 1 lakh per month.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4958 Answers
153 Consultations

5.0 on 5.0

Hello,

No need to file a petition of section 9.

Agree with him for mutual divorce on the terms that you desire fit, if he agrees for the same then it is ok otherwise claim the money by filing cases.

regards

Anilesh Tewari
Advocate, New Delhi
17400 Answers
280 Consultations

5.0 on 5.0

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