• Compensation after divorce to a govt employee

A lady who is working in govt job , is she eligible for any kind of compensation after divorce ?
Asked 1 month ago in Family Law from Pune, Maharashtra
Religion: Hindu

what is husband income? wife income ?

 

if there is substantial differences in income court would award wife alimony 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

1) she is not eligible for maintenance under s 125-128 of crpc. 

2) However, she's eligible for alimony under Hindu marriage act & also eligible for compensation Under Domestic violence act

Netra Mohanchandra Pant
Advocate, Navi Mumbai
752 Answers
1 Consultation

4.4 on 5.0

Definitely, make an application under section 25 of the Hindu Marriage Act

The said section makes a provision for payment of maintenance/permanent alimony. 

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
118 Consultations

5.0 on 5.0

She can claim alimony it's courts discretion to provide compensation to her. 

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

file application in family court for husband to produce last 3 years income tax returns , bank statements 

 

you would be entitled to maintenance only if there is substantial differences in your income 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

 “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, earnings, etc."

As per the facts, she is eligible for ALIMONY

 

Suneel Moudgil
Advocate, Panipat
649 Answers
1 Consultation

4.3 on 5.0

What compensation?

 

She should have asked for alimony or at least one time settlement at the time of divorce.

Now it will be difficult for her ask for one time settlement or even monthly maintenance since she is employed and drawing handsome salary to sustain her expenses, hence this may not be possible for her.

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Since wife is also a practicing professional and drawing a handsome income as salary, she may not be eligible for monthly maintenance.

You may consult your advocate and try for this even though the result may be against you  

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Maintenance or alimony fixed by the court and depends on husbands income and earning capacity of wife and age of the wife various factors. And in my opinion without detail discussion proper consult is not possible.

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

 if wife can prove that her standard of living is likely to take a downward hit because of the divorce, she may be able to get some alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

Dear Client,

Earning wife can claim maintenance.

Wife is entitled to enjoy the same amenities of life as she would have been enjoying had she been staying in the matrimonial home. The fact that the wife is drawing more salary than the husband is not a ground to deny her claim of maintenance in view of sky-rocketing of prices of basic necessities of life, expenses on education of children besides their needs to grow well and face peer pressure.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

See if the lady is working and can maintain herself though she can seek permanent alimony after divorce the income difference of husband and wife has to be seen in that case.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

See you can file application before court and can ask husband to produce his salary slip and bank statement before the court.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

The wife is a government employee and hence she is not entitled to maintenance. After divorce all the streedhan should be returned to her and she should claim alimony as she is entitled to it.

Regards 

Rahul Mishra
Advocate, Lucknow
3236 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

It all depends productions of documents showing that she is earning sufficient amount to maintain herself and more than you.

Netravathi Kalaskar
Advocate, Bangalore
2447 Answers
6 Consultations

5.0 on 5.0

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