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  • Financial part for working woman after divorce

What is the law to get financial part for working woman after divorce ?
As me and my husband both are British citizens but Indian origin and got marry in India . Case is on goong in family court and we both are agreed for divirce. I have filed the divorce case as he has cheated on me. I would like to know how much financial part am I eligible to get? As I have stayed in Uk for more than 10 years and I used to work through out my whole stay there (nearly same income as my husband). Because the only thing he saying is, he will deduct all my expenses of our marriage life and pay me the rest. We have all our saving under his name or his family’s name, nothing under my name. We dont have kids. I am now living alone in India and can’t work due to health issues.
Please guide me. 
Many Thanks,
Maitri Raval
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

Hello.

In india there is no mathematical formula to claim alimony. It all depends on the claim made by you in petition which will include your cost of living, expenses etc.

get in touch with a local lawyer with entire set of documents.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can claim maintenance from him under 125 CRPC application. You can also claim the same under domestic protection Act and divorce petition too.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can get 50 lakhs as well as a house from him, you need a good advocate to fight the case

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

In India a woman having independent source of income is not entitled to maintenance unless there is great disparity in the income between the spouses.

Since at present you are jobless, you can claim maintenance by filing a case under PWDV Act.

While fixing quantum of maintenance by court it doe snot take into account the marriage expenses.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The Indian law gives you maintenance in case you are not working and a lump sum amount due alimony too. You were working but not now therefore you are entitled to maintenance.

Also the amount which is with your husband can be claimed by you by filing an application in the case.in case a mutual consent divorce petition is filed you can arrive at an agreement.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If both are working and there is no substantial differences in your incomes you may not get any maintenance 

 

2) if your savings are in husband name seek 50 per cent of money lying in his account being your share of savings 

 

3) if you are unable to work due to health issues court would  award you maintenance 

 

4) it would  be around one fourth or one third of his net income after taxes 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See in India there is no fix percentage or share decided as per law that women is entitled to get from his husband after divorce, if the women is not earning and cannot maintain herself then she can make an application for maintenance and can seek maintenance based on income of husband, her expenses and earlier lifestyle.  Further let him give you the money if he gives less then you can file for the regular monthly maintenance from the husband.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. In contested proceedings the court decides the quantum of maintenance by factoring in the lifestyle led by wife prior to separation, income of husband and his liabilities. The amount of maintenance to be awarded by the court has to be just and reasonable as is sufficient for wife to hold herself to the degree of lifestyle which she was enjoying prior to separation.

2. In mutual divorce the spouses themselves decide the quantum of permanent alimony, whereas the court simply approves it.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Don't go for such a wrong notion because why he will deduct expenses for marriage or married life, he has no such right or the court have such rights, you both settle the matter in lump sum because it will be beneficial for the rest of the life to live in peace when relations are not good. For the purpose chalk out your monthly expenses with all the things such as servants to rental or on doctor or medicines and so on and multiply the same from 12 and at least minus your present age from 100 and again multiply the same.    

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Alimony is awarded so that a woman is able to maintain the same standard of living after the marriage is dissolved. Having said that, the amount can go down significantly if the woman is working. It can even be zero in case the woman earns sufficiently well to maintain her standard of living. A recent Supreme Court judgement has set a benchmark that the alimony amount cannot go beyond 25 % of the (ex)husband’s salary.This is with respect to HMA (Hindu Marriage Act). Please consult an experienced lawyer for more information.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

25% of his gross salary. He cannot deduct anything, You can file complain u/s 406 and 420 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If your divorce proceedings are going on in India and you are employed  now or if you are incapacitated for earning to sustain your expenses then you may file a maintenance case seeking monthly maintenance to the extent o at least 33% of salary income. 

He cannot deny maintenance for any reason because it's not UK law, but it will be as per Indian law.

Discuss with your advocate and proceed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Madam,

The following information may kindly be read:

What are your financial rights when going through a divorce? 
When Aditi Singh decided to part ways with her husband over a decade ago, division of finances and property was the last thing on her mind. As a result of this she failed to get a share of what was rightfully hers. “I got no share of the money in our joint account, nor did I get anything from the investments made in my name when we were married,” says the Delhi-based media professional. However, Singh is hardly alone in not understanding what is rightfully hers to keep when a marriage falls apart.

During divorce proceedings, emotions take precedence over logical thinking, leading to a skewed division of marital assets. The losers are often women, especially those who do not take part in financial decision making during the marriage and are ignorant of joint assets and their share in them. 

Know your rights 
The law says any investments made in the name of the woman will be a part of her personal wealth in the event of divorce. Earlier, the woman would be the sole beneficiary of such an investment under the Prevention of Benami Property Act. Now, after a recent Delhi HC order on the Benami Act, a purchase made by the husband from his known sources of income in his wife’s name will no longer be considered benami and he can claim a share in it. 
Delhi-based chartered accountant Karan Batra says if the purchase is given as a gift to the wife then she becomes the sole beneficiary. “If there is a gift deed, then the man cannot stake a claim on the grounds of using his funds for the investment,” he says. 

In fact, any gift received by the woman at the time of marriage and during the time she remains married is her property. This is known as streedhan. Even if the husband and wife both use a gifted asset during the marriage, in the event of a divorce, that asset becomes the wife’s. 

This is something Faridabad-based Prerna Sharma was not aware of at the time of her divorce. She let go of the car her father had gifted her at the time of marriage in return for a lump sum settlement for the house, although she had a right over both. “I was made to believe that my ex-husband was a part owner of the car because we both used it, just like I was the co-owner of the flat he had bought during our marriage,” says the teacher. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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