what is husband income? wife income ?
if there is substantial differences in income court would award wife alimony
A lady who is working in govt job , is she eligible for any kind of compensation after divorce ?
what is husband income? wife income ?
if there is substantial differences in income court would award wife alimony
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
Husband is having MBBS degree and owner of pvt hospital where he is practicing . His income is not known to me. His wife is working as Govt Ayurveda doctor. Wife income is 55000 per month.
Definitely, make an application under section 25 of the Hindu Marriage Act.
The said section makes a provision for payment of maintenance/permanent alimony.
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
“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
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.
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
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.
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.
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.
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.
See you can file application before court and can ask husband to produce his salary slip and bank statement before the court.
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