• Alimony amount

Hi i am from howrah west bengal.I have 2 child.my husband is an engineer.he is in a pvt sector.his monthly income is 1Lacs.we are going for a mutual divorce.2 childrens will be with me.we have a marriage of 8 years.I am working in small pvt sector.salary is 15 000.he has 2 home.he is giving my a limp sum ammount 30L.want your guidance:

whether this allumni ammount is sufficient?
How much I need to ask for allumni?
can I legally ask for a home in my name?
If I go for divorce case rather mutual divorce,can I claim more lumpsum allumni?
How much can I need to claim monthly ammount rather lumpsum ?
can I demand more in future?
can I change surname of my children apart from his father surname?
can my husband claim my child in future (Son 9 yrs & daughter 3 yrs)?
He is in a living relation with a girl & have a child.is it legal?can I case against this?

Thank you.
Asked 5 years ago in Family Law
Religion: Hindu

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24 Answers

Hi,

You are suggested to settle all issues of alimony, child custody, residence etc. before mutual consent divorce and get the agreement or MOU signed. This will solve all your issues because if you go for contested divorce or other cases, your agony will increase and it will take long time for decision.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Rs 30 lakhs alimony is sufficient 

 

2) if you file for divorce you would not get more money 

 

3) you can claim Rs  30000 as monthly maintenance 

 

4) you need  husband consent to change surname 

 

5) don’t file any case against husband 

 

6) MCD is best option 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"

1. Not sufficient

2. From the available facts, I can suggest it should be somewhere around Rs. 50 lakhs at least

3. you can ask but it depends upon mutual understanding in case of MCD

4. yes, you can claim more but remember it will take more time

5. somewhere around 40000/- monthly

6. once you take a lump sum, you can't claim an additional amount in future

7. you can change names of your kids

8. yes, he can make a claim upon the change in circumstances

9. Adultery is no longer a crime in India, however, a ground for taking a divorce.

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1) You can ask one home on your name and 40 lakhs rupees as lumpsum amount.

 

2) You should lock this amount for your better future of children.

 

3) Take financial advisor help to invest and better return accordingly children education and marriage.

 

4) If he is in the relationship and have child than better secure your children future. 

 

5) If you don't want to give divorce than stay with him and capture all assets and his payment. Keep your hold in house and ancestral property instead of running away from him.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Dont file mutual divorce or sign any documents until you get a good and handsome amount of money and a house, there are ways to get this done in best interest of you without doing much cases, detailed discussion is necessary


Thank you for your rating, honesty doesnt pay today, you will realise with time, that i was right, after divorce you can claim, before divorce you can claim but all are long drawn procedures, but there is a way for immediate relief in 10 days

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. In mutual divorce the amount of alimony fixed depends on mutual understanding of the parties and hence there is no sufficient or insufficient figure. many mutual divorce occurs without a penny while many on payment of several crores.

2. In mutual divorce if he does not agree on giving a house then you can not force him. There is no way wife has otherwise right of share in the house of husband nor your children.

3. In future once you can prove that 30L is exhausted for maintenance of your children then only you can seek maintenance.

4. Changing of surname of children depends on consent of their father.

5. Parent has always right to seek custody if welfare of the child is better protected under another one.

6. Since adultery is no more a crime you can file only case of divorce  and case for maintenance under PWDV Act or case u/s 498A IPC.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. See the amount seems reasonable as husband is in private sector though you can ask him separate amount for children's education and care.

2.  Yes you can ask to register one home in your name or childrens name for you 3 to reside.

3. See if you contest then also it is not certain that you will claim more amount court can grant lesser amount also. 

4. Once you made an agreement though you can file for maintenance if you are not able to maintain yourself though he will contest same.

5. Yes you can change surname.

6. He can file petition for custody so you can have it written in divorce agreement that he will not ask for child custody in future.

7. No case for relationship and illegitimate child can be filed since they are not married. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. This is not sufficient considering the fact that you will have the responsibility of two daughters. 

2. Yes you can 

3. Yes you can

4. 30 thousand per month 

5. If you settle the thing through MCD then nothing in future can be asked by you

6. yes 

7. yes he can, if he is able to show that you are not upbringing the children properly 

8. You can take such grounds in divorce. You can file a case of second marriage 

 

Ask him to give one more flat on the name of daughter apart from 30 lakhs 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You only have to decide whether this alimony amount would be sufficient for future needs too.

You can ask for a reasonable amount as alimony based on the children future too.

Legally you cannot ask for any proeprty or even share in his property.

Whether contested divorce or mutual consent divorce, the lump sum depends on how you bargain and negotiate.

For monthly maintenance you may have to visit court every month for this purpose. However after payment of lumpsum amount you may not be able to claim monthly maintenance amount.

If the children are n your sole custody then you may obtain NOC from him and change the surname.

He can very well claim the children custody at a later stage.

His living in relationship with another girl is not a crime as per law hence no case from your side in this regard may be maintainable.

 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

As you both going for mutual divorce  so better execute MOU what do you want,  once mutual divorce granted you cannot claim any thing from your husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As per me it's fine but it depends on you,  your children their education needs to be secured. If he has financial soundness claim some more amount in form of fixed deposit in name of children

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. You can ask for one house/flat to be conveyed in your name alongwith the said alimony of Rs.30 lakhs based on the fact that he is staying with another women and has got a child from the other lady which is illegal.

 

2.Mutual divorce is always preferred to contested divorce

 

3. You might be allowed Rs.25 K as monthly maintenance amount.

 

4. You can not change the surname of your children unless they are given to some one else under adoption by their biological father.

 

5. If it is agreed iin the MCd that you will have the custody of your children then he can not claim their custody unless he can prove that their welfare is in jropardy in your hand.

 

6. You can lodge a police complaint against youer husband bringing the charge of bigamy for which he will be punished by imprisonment for a maximum period of 7 years with fine u/s494 of IPC. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

No, children have their future , this amount will spend in their education only. And share of advocate separately.

You along with children is entitle to 25 to 35% alimony of his salary monthly. This amount + house or 50lacs.

can I legally ask for a home in my name? -- After divorce no and before it, only right to residence or rent. 

If I go for divorce case rather mutual divorce,can I claim more lumpsum allumni? -- That court will decide but that takes years, interim maintenance court will order.

In change circumstances, you can ask maintenance in future but only if not married or living in adultery.

Until he not disown them, his surname will follow or with his consent.
,
Visitation rights he always will have.

He is in a living relation with a girl & have a child.is it legal?can I case against this? -- No criminal case made out but good ground to support your demand of higher alimony / divorce etc. 




Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

whether this allumni ammount is sufficient? - Your choice

How much I need to ask for allumni?- Calculate for child and your future

can I legally ask for a home in my name? - Yes you can ask

If I go for divorce case rather mutual divorce,can I claim more lumpsum allumni? - always mutual is better as no time and money wasted also no need of Lawyers, who takes more money from both of you

How much can I need to claim monthly ammount rather lumpsum ?- Lumpsum is better than monthly

can I demand more in future? No

can I change surname of my children apart from his father surname? Yes

can my husband claim my child in future (Son 9 yrs & daughter 3 yrs)? make agreemnet in mutual agreement

He is in a living relation with a girl & have a child.is it legal?can I case against this? yes. you can do now.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

Dear Client 

  1. The alimony amount you are getting that is 30 Lakh would be enough if only you think that you can manage with that amount. and it is purely your decision that what amount do you want as aminony from your husband.
  2. No you legally cannot ask for house in your name but your children can ask for share in the property if the property is inherited to your husband from his father/ancestors.
  3. No the MCD is better option from regular Divorce to get lumpsum money. 
  4. No you cannot demand more in future as you are getting lumsum money as alimony. But you can file a maintenance Case for maintenance of your children on your husband as you have no right to give up the maintenance of your children through MCD. 
  5. Yes you can change surname of your child it you get the legal custody of your children.
  6. Yes he can claim custody of your children but after age of 12 yrs court will ask from children that with who they want to live in future.

  7. No it is not legal and you can file a police complaint against your husband for Bigamy but before this can be done before your divorce. 

 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi,

Your husband can file divorce case under ground of cruelty and you may have to defend that. After divorce only the case of permanent alimony can be taken up. Without divorce, he can't marry and you may file complaint against him for second marriage.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Your husband can file for divorce on grounds of mental cruelty 

 

2) your husband cannot remarry without getting divorced 

 

3) you can contest divorce proceedings 

 

4) seek interim maintenance from husband and alimony 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

I told you even if wife is cruel, he has to pay alimony and a give a house, if he marries, it will attract bigamy, he cannot divorce without consent, discussion is important, no lawyer will tell you technical reasons to save you

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. He can file a divorce case on the grounds of cruelty. 

2. You may challenge him on the basis of merits in your favor. 

3. You can file a case seeking alimony,  let the court decide after hearing both the sides. 

4. No.

5. You can file a criminal complaint against him under section 494 ipc for the offence of bigamy. 

6. It depends on how strongly your advocate fights your case. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

yes,

Stop doing such nonsense.

You will get alimony but how you and why tried to kill him. And what extant injury inflicted ?

Not without divorce.

Can file police complaint to bigamy.

Money have to give.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. yes, he can file divorce on grounds of creulty. 

2.settle dispute amicably or contest the divorce on merit. 

3.contested divorce petition And maintenance will be fixed by the court depends on the income of husband, income of wife and age of wife etc. 

4.Without valid  Divorce decree he cannot remarry. 

5.incase if he marry without divorce such marriage is void you can file criminal complaint u/s 494 bigamy. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both.

6. depend upon advocate. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If he does he needs to prove it and there is no evidence for the same as well as there is lot of delay.  You can claim alimony. No he can't marry till you divorce him. You can file bigamy complaint if he marries. You can file domestic violence case for getting maintenance. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. Yes he has ground to divorce you and file a criminal complaint.

2. You should settle and mutually divorce.

3. See you can get alimony for maintenance though he can contest on said ground.

4. No he cannot marry without divorcing you.

5. You can file a bigamy case against him.

6. You can contest that you can still get maintenance.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If you have committed any cruel act on your husband, you can not seek decree of divorce for your said cruel act. If your husbanjd files a divorce petition on the ground of your cruelty on him, then he can get divorce.

 

2. It is you who tried to kill your husband fr which your husband should seek protection from you and not the other way round. However, if you anticipate any assualt from your husband, lodge a police complaint to that effect.

 

3. If your criminal acts on your husband is proved, then you can not expect any amount towards alimony to be ordered by the Court.

 

4. He can not marry again without obtaining the decree of divorce from the Court. 

 

5. If he marries again without obtaining the decree of divorce , you should lodge a police complaint bringing the charge of bigamy against hgim and in that case he will be punished u/s494 of IPC with imprisonment which might extended upto 7 yers with or without fine.

 

6. His second marriage will be considered as void at law  and payment of alimony to you is not dependent on his wining the said case. It will be a differernt mainbtenance case to be filed by you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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