If ur seeking for mutual consent for divorce you can claim permanent alimony based on future expenses for your children upbringing and also a property for security of children. If not you can claim 1/3 to 1/5 of his income as maintenance for yourself and your children also can claim maintenance pending litigation if it is contested divorce. If the property is of your husband father he cannot give you property. You can claim property which is earned and bought by your husband when you go for MCD.

1. In mutual consent divorce any alimony amount you can claim from him it is upon parties to decide you can claim amount like Rs. 1 crore or more looking at his income.

2. Yes you can ask for a property.

See in mutual consent divorce there is no limit prescribed both the parties mutually decide divorce settlement terms of alimony and child custody. So you can bargains with your husband and can ask for a property and sum of rupees 50 lakh or 1 crore looking upon his status.

Firslty, the best option for you mam is to go for the mutual one as you yourself said that otherwise it would take more which is correct also.

Secondly, alimony will depend upon the lifestyle and kids future mainly,

Thirdly, yes you should ask for property also if he has any right in his father’s property.

Fourthly, as there are chance that his father doesn’t have any anscestral property over which you can claim his share for you.

Ask one crore as alimony and flat in your name

In alternative settle for Rs one lakh as monthly maintenance

Seek sole custody of your children

1) If he want Mutual Consent Divorce, than the law is from your side you can ask him the lump sum amount for yours and children maintenance plus education expenses for children Rs. 2 crores one time maintenance.

2) If you want to go for monthly alimony Rs.1.25 lacs for children and you, but after 18years of son the alimony will be stop and daughters after marriage.

3) Till is alive you can't ask for property.

1. One time alimony depends on mutual consent of the parties and there is no legal yardstick ass such for this. However the wife is entitled to 1/3 to 1/4th income of husband.

2. Wife has right of residence in the property of husband. However she has no right of share in movable or immovable assets of husband.

The right of maintenance of wife survives even after divorce as long as she remains unmarried and jobless.

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 = Rs.6 per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

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.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. 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.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

You should ask some advocate or senior members of your family to negotiate the settlement amount with your husband, keeping in mind all the expenses of the children's upbringing, marriage, other expenses as well as your expenses and he is liable to give the kind of lifestyle of you and your children as per his own.

You can also claim property from your husband for your children and your residence.

Stay strong on your stance as from your query it is implied that they want divorce more than you do at this point of time.

Regards.

1. alimony can be one lac or ten crore. It totally depends on the payment capacity of your husband and willingness to pay.

2. you can also ask for property. Whatever is the alimony, court is not going to decide anything, you have to decide and finalise the same with your husband before filing mutual consent divorce and write the same in the divorce petition. Court will accept whatever you and your husband will decide.

Dear Cleint,

You can seek monthly maintenance even after divorce or lumpsum alimony.

Monty it should be 25 % + children education/upkeep of salary/income or around 1.50 to 2 crore.

Max u can ask as much, depends on his capacity and mod to give.

As a matter of settlement, u can ask for property, but no residue inherent right in the properties of husband even if any self acquired.

1. If you agree for mutual consent divorce, for the sake of your children and your own future, you may demand at least one crore as one time alimony settlement amount becasue if he is capable of earning Rs. 24 lakhs p.a., he can very well pay Rs. 1 crore. However he may bargain and the negotiated amount may come down drastically to half of your demand, hence you may stick to this amount.

2. Legally neither you nor your children are entitled to any share in the proeprty during his lifetime however there is nothing wrong in demanding property, if he agrees for it then you can proceed, if he does not then look for other ways.

1. You can file 'Adultery' case against him for having extra-marital affairs.

2. There are lawyers who charge nominal charges on divorce cases. Just because you can not afford cost of running your divorce case, 'you should not compromise on maintenance / alimony'. I have seen cases like this and they are suffering financially after couple of years.

3. Considering your husband salary and maintenance of you-self and your kid, I suggest you to seek at least 5 crore as one time alimony. Otherwise, you can file maintenance case against him and court would order him to pay interim maintenance during the trail.

4. You can not claim the share of your husband's father earned property unless it is ancestral property.

5. For further discussion, you may contact me.

You should not budge from your stance of maintenance of Rs. 1 lakh, considering it is for the both of you.

If you're husband is not willing to negotiate further with you, you can consider sending him a legal notice asking him to pay the said amount for your and your child's expenses.

See your husband is just trying to intimidate you and negotiate with you. It will be better of you keep you stand that you wont take less then one lac for maintenance and expenses of your children let him issue notice you can reply same and in case he files in court you can contest and demand interim maintenance there.

Settle for Rs 75 k a month as maintenance

1. Issue notice demanding Rs.5 lakh maintenance per month ( considering his income Rs. 50k towards maintenance is very less ).

2. He do not have any right to fix maintenance.

3. I suggest you to file case against him for maintenance of at least Rs. 5 lakh per month. Let the court decide.

4. Unless you take this matter to court, you would not get justice.

Please note if you go to court it will be ordered 1/5th to 1/3 of his salary and you.need to have proof of salary. If he claims he's unemployed then maintenance claimed by.You may reduce more so it's better to take what he is giving.for time being. Ask him to.transfer through account. Later based on that you can claim for.higher Maintenance in court. For further clarification you can contact me.

You have to decide to accept it or move one with your proposal to initiate further legal action on this for desired relief.

If you feel that this 50K will not be sufficient to maintain your current status of lifestyle, you can drag him to court seeking more.

The decision is yours based on the circumstances and your needs.

Dear Madam,

It is a good deal. Just accept it and bind him with some document.

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

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.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. 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.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

its up to u.