File for divorce by mutual consent

2) you woukd not get any maintenance as your income is more than husband

3) you would be entitled only for kids maintenance

4) you have no share in property inherited by husband

5) you can agree for joint custody of kids

6) you cannot restrain your husband from staying with his mother

Firslty, Mam, as per the information provided in the above query, makes it clear that now you do not want to be in marriage anymore.

Secondly, as you have stated that now he has been working though not as good as you have been earning, but still your children must get there maintenance from him. It may not come to you as you now been working.

Thirdly, for the share in the property, when the property comes to your husband through his father then the property becomes anscestral for your children, so they can claim right in the same property through you being the minor at present.

Fourthly, custody is the matter for circumstances, as you have been taking care of them then it is clear that full custody would come to you, but yes he may get visiting right for sure.

1. It is not clear whether you want divorce or not. If yes then file a suit for divorce.

2.Since you are earning you are not entitled for your maintenance but you can claim maintenance for the child which would be as per status of your husband.

3. same as above

4. Your children have share in the property of your husband only if you he has inherited any ancestral property from his father.

5. If the house you were evicted from is owned by your husband then you can file a case under PWDV Act for your entry and stay therein.

6. You can refuse to share their custody.

7. If your husband has no property then you can neither claim any share on behalf of the children nor can ask for right of residence.

1. You can file for divorce by way of mutual consent if your husband agrees for the same. Otherwise, a contested divorce petition on Grounds of desertion and cruelty would be filed.

2. You cannot claim any maintenance amount from the court as your income is more than your.

husband.

3.The maintenance amount would only be awarded to your children only by the court, owing to the fact that you are able to maintain yourself and the provisions for maintenance are only there to avoid vagrancy.

4/5. You do not have any share in ancestral or self acquired property by your husband or father in law. Your children can claim the share in the ancestral property, but not the self acquired property during the lifetime of your husband.

6. You cannot ask your husband to stay away from his mother under any provisions of law.

Dear Client,

Desertion by husband for more than 2 years valid ground of divorce.

You can claim maintenance for children. Earning wife not entitle to maintenance but depends on court discretion and up to 25% of husband salary.

NO share in grand father property.

While ordering custody, welfare of child is of paramount importance and they are grown up - their wish will prevail apart from welfare.

No such case maintainable, and after his intestate death, his property will inherit by him, mother and sisters equally, You got no say in this.

Dear Madam,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

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 lakhs 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 .

Dear Madam,

Please refer the below laws:

Know Your Legal Rights: Divorce Law In India

A divorce is among the most traumatic occurences for any couple. To add to this, it can also be a long-winded and costly affair in India if the divorce is contested. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.

In India, as with most personal matters, rules for divorce are connected to religion. Divorce among Hindus, Buddhists, Sikhs and Jains is governed by the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil and inter-community marriages are governed by the Special Marriage Act, 1956.

Types of Divorce Petitions

A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.

Divorce With Mutual Consent: When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.

There are three aspects regarding which a husband and wife have to reach a consensus. One is alimony or maintenance issues. As per law, there is no minimum or maximum limit of support. It could be any figure or no figure. The second consideration is custody of the child. This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses. The third is property. The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. Right down to the bank accounts, everything must be divided. It is not necessary for it to be fair, so long as it is agreed to by both parties.

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later.

As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period.

Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.

1. Cruelty

Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

2. Adultery

In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.

3. Desertion

One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.

4. Conversion

Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.

5. Mental Disorder

If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.

6. Communicable Disease

If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.

7. Renunciation of the World

If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.

8. Presumption of Death

If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

What is Alimony?

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents.

The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities.

In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Factors that influences the duration and amount of alimony

In a contested divorce, the alimony, its amount and tenure, depend upon the length of marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors that need to be considered are:

1. Age of the spouse (or the person who is entitled to receive the alimony)

2. Economic condition or the earnings of the person who is to provide the alimony

3. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health).

4. The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.

How are property matters settled?

It seldom matters whether you or your spouse own the property. If you are married – irrespective of the fact that a divorce petition has been filed – you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.

What about child custody?

Many assume that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Money is not usually a matter that is considered. Non-working mothers are regularly given custody of their children, but fathers are expected to provide financial support.

How much does it cost to get a divorce?

Court fees for filing a divorce are low; the cost of a divorce is mainly in the fees you pay your lawyer. Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it is fought, therefore, a divorce may cost anywhere from the low ten thousands to lakhs of rupees.

What documents are required to file for divorce?

1. Address proof of husband

2. Address proof of wife

3. Marriage certificate

4. Four passport size photographs of marriage of husband and wife

5. Evidence proving spouses are living separately since more than a year

6. Evidence relating to the failed attempts of reconciliation

7. Income tax statements for the last 2-3 years

8. Details of profession and present remuneration

9. Information relating to family background

10. Details of properties and other assets owned by the petitioner

Annulment of marriage

Marriages in India can also be dissolved by means of annulment. The procedure for annulment is same as that of divorce, except that the grounds for annulment are different from that of divorce. Reasons for annulment are fraud, the pregnancy of wife by a person other than the husband, impotence before the marriage and subsisting even at the time of filing the case.

Once annulment is granted by an Indian court, the status of the parties remains as it was prior to the marriage.

Void marriage

A marriage is automatically void and is automatically annulled when law prohibits it. Section 11 of Hindu Marriage Act, 1955 deals with:

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 of the Act.

Bigamy: If either spouse was still legally married to another person at the time of the marriage then the marriage is void, and no formal annulment is necessary.

Interfamily marriage: A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption.

Marriage between close relatives: A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs.

Voidable marriage

A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud.

The duration for obtaining divorce varies from case to case and place to place. Generally speaking, contested divorce proceedings take 18 to 24 months. Mutual consent divorce varies from 6 months to 18 months.

(a) You dont want to stay anymore with your husband , it means you want divorce from your husband and further you can get divorce in ways :

- As per Section 13(1) (ib) of the Hindu Marriage Act, 1955 you can get divorce on the ground of Desertion , as you are living separately since last 6 years due to his behaviors etc.Here you can claim for Maintenance ,Residence etc

- Secondly by way of Mutual consent . Here you will have to compromise/ settle the dispute amicably.

(b) This depends upon the income of your husband.

(c) As per the latest judgement , an employed wife is entitled for the maintenance , otherwise your kids will get their maintenance amount through you as they are minor .

(d) No. you will not get any share in the ancestral or self acquired property by your husband or father in law but your kids can claim the share in the ancestral property, but not the self acquired property during the lifetime of your husband.

(e) No share but you can claim residential right in the matrimonial home even that property not in the name of your husband.

(f) Yes, you can get custody of the kids under your guardianship on the ground of your income and duration of Care.

(g) No.You cannot ask your husband to stay away from his mother without any reason but you have right to ask your husband to join you and you can get residential right as per law in the matrimonial home.

Good luck and dont forget to positive rating...

1. You can file a divorce, tell us the facts in detail so that the ground of divorced can be told. There is nothing like no fault divorce in India.

2. You can claim maintainance for the child. Since you are earning no maintainance will be given to you by the court.

3. If he has passed away without a will then the children can claim the share.

4. No case can be filed as to why he is living with mother in law. If custody case is filed then welfare of the child is of paramount importance and this will be considered by the court while deciding the same.

Regards

1. You can go for a divorce petition

2. As you are working so there will be no maintenance for you but of course you can claim maintenance for your children depending upon their educational requirement and upbringing.

3. It will be based on the kind of education and I bringing according to the social status.

4. Your children are the legal hairs in their answers to property but you have no right on the property all the you can claim alimony from your husband.

5. The father is the natural guardian of the children over 5 years of age and you need a very strong reason to keep them with you however Court considers the opinion of the children as well that where they want to live.

6. You cannot so good in case of your husband living with the mother and if you are father in law have not willed the property then your kids will definitely get sharing the property along with his father

Go for divorce.

As you are earning more than your husband you can claim maintenance only for children.

Maintenance can be claimed as per his salary and expenses.

Your children can claim share but you cannot. Your children can claim only if will in written form is not prepared.

File suit for custody of children.

You cannot file case against your husband for living with his mother because its his responsibility to stay and take care of his mother. No such suit or claim is admissible in court.

1) If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

2)you can claim maintenance on the basis of yout expense.

3) after divorce only husband wife relationship is end, your children's can claim his/her share in fathers property and also in ancestral property.

For divorce there must be some element.Here you have not stated any form of cruelty upon you.For thr factor of maintenance and custody of children it remains upon court to finally decide.

1. You cannot claim maintenance for you since you are employed and drawing a handsome salary.

But you can claim maintenance for your children.

2. It depends on the proof of his salary and other income, you can claim to the extent of 33% of his take home salary for both the children.

3. Only to the kids.

4. No, they are not entitled to any share in their grandfather's properties during the lifetime of your husband.

5. NO.

6. Let him file child custody case.

7. You cannot file any such case.

It is his own will and wish

Dear

You can ask for the maintenance of kids only and not for self as you are earning more than him.

Your kids and u will always hv the share in any property which comes to the vested share of your spouse. You may file a petition for Divorce or judicial separation if you do not want to live with him anymore.

Adv vikas

Adv vikas

hello

you cannot claim any maintenance as you are earning more than your husband. you can only claim maintenance for the kids as they are the joint responsibility of the parents.

as far as self-acquired property is concerned, you cannot claim it as a matter of right, he can give it away to anyone. the kids can claim over ancestral property.

your husband can stay wherever he likes and there can be no interference in that. you cannot claim any right over his property. the kids can claim over the property of the grandfather as of right.