• Divorce and maintenance

Hello sir/madam, me and husband got married on 30th April 2006(was arranged), son born in 2007, now my husband and his brother(his is 2nd marriage, hidden about 1st marriage from my family and 2nd wife family), both have filed divorce case against me and my cosister on april 2018, due to influence of my sister-in-law (how got divorce in 2017,married to muslim),and my mother -in -law,father-in-law. From the day of marriage I am staying in matrimony home(purchased by my husband,on loan and loan cleared on 2013,that is after my marriage ), now my in-laws are forcing me to give divorce to my husband and leave the house with out any financial support from them or from my husband,they even tried to throw me out from home by creating some nonsense fight,which I bought to the notice of local police, they say they are helpless,because of bribe offered by my husband's family . Am working as a lecturer and earning 19k, my husband working for MNC(recently changed his company), I have no clue about where he is working, but from some source I came to know about his recent salary account number, and came to know he is earning 97k per month, my son is with me, am facing problems in maintaining same life style for my son as he was enjoying before. With all this my husband is schizophrenia patient. I have the details of his treatment details(From appollo hospital). My lawyer says that I should get her either my husband's current working company details or salary slip, I don't have any source to get it, as he is working somewhere in Punjab and am in bangalore. How to claim for maintenance and how to claim for alumni amount. Do I have share in house as I have supported him in clearing loan(have no proof for it), plz help.
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

You need not to leave the matrimonial house where you are living even if there is a problem and you have to file a maintenance case on your husband based on his income and request to the court to get his income detail after the court order he will have to submit his income documents to the court for the purpose of deciding the maintenance amount your cell is the responsibility of his father and he has to maintain him for a building and education along with the domestic expenses for yourself if your income is not sufficient to maintain yourself

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) You can get monthly maintenance from your husband upto 25-30% of his net salary and fro your son 5-10% per month as well.

 

2) If the home is purchased by your husband and tell date you are staying there then no body can vacate you from that home. As its your right to live in that house. Plus your husband is out of station who is working in Punjab.

 

3) You can check by the way of CIBIL records with the help of police. Where your husband is working actually in which area of Punjab and exact Organization.

 

4) If you could not find any details of your husband , do contact me I will provide  guideline all details about your husband.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you cnnaot be forced to give divorce to husband 

 

2) seek interim maintenance from husband for yourself and child 

 

3) if you don’t know husband income make application calling upon husband to produce his income tax returns , bank statements for last 3 years 

 

4) court  would award you maintenance for yourself and child 

 

5) you are also entitled to alimony from your husband 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

You can file a maintenance case undefn125 crpc for your maintenance and further same for your son.

Further file domestic violence and 498a case in police station if police refuse to take FIR file private complaint to the magistrate under DV claim maintenance and residence.

If husband files divorce contest same.

See if you do not want to stay with her then after some time you can ask them to pay you amount for settlement and further can take mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)Right to maintenance is governed by the personal law of the spouse however being a secular country, Section 125 Code of Criminal Procedure provides right to maintenance to the spouse, children.you can seek maintenance. 

2)You can file Dv and 498a against him. 

3) Move an application in the same court where you are going to filing maintenance case with complete address of that company/ office of your husband , make a request to the court to give direction to that said company to bring and submit all service details including his salary before the court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can claim maintenance from him u/s 125 Crpc. You can also claim maintenance under domestic violence Act as well as from family court if you desire.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. If there is disparity between your respective incomes then you can claim maintenance in the case filed under PWDV Act.

2. The quantum of maintenance which is granted to wife is not less than 25% of income of husband.

3. You can file such case for maintenance from your present place of residence.

4 Wife has no share in the house of husband but you can claim your right for residence therein in the said case under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You say that you recently from some source got to know about his salary account number, that will be sufficient to produce before court, let him deny that 

You can appraise your lawyer about this and ask her to proceed on the same lines to convince the court about his income and if necessary you can direct him to produce his salary slip through court order.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Dear Madam,

You may simply file maintenance case under Section 125 Cr.P.C and get interim maintenance. You may also file application under Section 91 of Cr.P.C and Court will summon the salary details of your husband from his employer. Thereafter you can continue your legal fight. The formula to get maintenance/alimony is as follows:

====================================================================================

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 .

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Madam,

The following information may kindly be read.

Women should be well-informed of her husband’s earnings, properties, bank account details, and educational qualifications to contest the case for a reasonable maintenance amount. Even if she is not aware of the current salary of the husband, but knows about his qualifications and past jobs, she can still make a statement on his earning capacity for the court to award her right amount of maintenance.

If the person is not satisfied with the decision of the family court, They can appeal in the High Court of the respective state against the order.

 

The Indian law on alimony is very clear and the prime aim behind alimony law is to provide security to spouse after separation.

Maintenance case u/s 125 Cr.P.C : You can file maintenance case and court after taking into consideration the income, assets and other property of your’s and your husband will award monthly compensation. Any one can apply for under this section for maintenance irrespective of religion or caste. Application for interim maintenance need to be filled, so that interim relief can be awarded. Court may depending upon the facts of case, award interim maintenance also.

Domestic violence Act, 2005 for relief and order to live at matrimonial house(father-in laws home), you can also claim for return of all items given to you during marriage and also for compensation and damages for the mental cruelty suffered by you and court has power to appoint one protection officer, who will keep check and report court during your stay at father in laws home. This law applies to all irrespective of religion or caste.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello,

If you have provided financial support then you can stake a claim in the property.

You may file the maintenance petition on behalf of your son on the basis of the last drawn salary known to you, if the husband want to dispute the same then he will have to prove it before the court. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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