Hello honorable lawyers,
I am a doctor by profession, born and brought up in Mumbai, and got married 8 yrs back in a typical marwari family at Delhi . I have 6 year old son. My husband is the only son and have a joint business with his father. I was subjected to lot of mental torture and physical abuse to the extent of getting physically hit too. We both started leaving separately also, but my husband blamed me and has physically badly hitted me many times.
I left my matrimonial house in 2012 and came to Mumbai . Here after 6 mths, my husband falsely promised me that, he will shift in Mumbai and we took a house on rent. Since I joined job over here, I told him that I will take care of all expenses to the time you are settled and till date I am paying everything for all expenses including child, rent, etc.
But he used to stay here hardly for a week, once in two months. He used to instigate me for very minor issues and when I used to get angry, he used to record, without my knowledge, which I came to know later, and told me that he will file mental cruelty on me. But like stupid, I never collected any evidences of his extreme physical and mental torture.
Now he wants to seperate and me too as I dont trust him at all. I want to know, that he has shown himself as employee in his business earning meagre 10-12k. Their office, 3 houses, all are in my in laws name and nothing on his name..
So can I get alimony from him and how much can I expect, as he may show I am earning better than him plus nothing in his name. Plsssssssss help me.
Asked 1 year ago in Family Law from Mumbai, Maharashtra
1) you are highly qualified doctor
2) you wont get any maintenance
3) but you can claim maintenance for your son .
4) you can also file domestic violence case against your husband and seek right to stay in matrimonial home or seek alternative accommodation .
5) also seek compensation for mental torture undergone by you .
6) you cna also file 498A case against your husband for acts of cruelty inflicted on you
from what you have said, you have a good ground on cruelty to file for divorce, and domestic violence against your husband.
as regards alimony, you will be entitled to get about 5000/- per month for the support of your child, nothing for you because you earn better than him and live independently as well.
But my husband had his own expert business
Asked 1 year ago
1) what is your husband share in the business?
2) i s it a limited company or partnership firm ?
3) you stated that your husband was only an employee of business and earning Rs 12,000 per month
4) dont agree for divorce till you get your pound of flesh
you said that he earns between 10 to 12000/- p.m from his own export business. what is the actual turnover, profit after tax, if you have audited bank accounts of this business of your husband then obtain it and file it the court will consider this information to decide on the alimony for you as well.
At the time of filing for divorce (if you want to) you can claim alimony. What kind of business he's running? We can always quote approximate profit he must be earning in a month and accordingly your alimony money will be decided. Alimony is quite different from maintenance.
Also since you have the custody of your son you can claim maintenance for him irrespective of the fact that you are earning u/s. 125 of Cr. Pc
Even if you do not have any proofs of his physical or mental violence still we can file a case.
Where in Mumbai you stay?
1. If both of you wish to separate you may do so by filing for mutual divorce.
2. Since you are earning on your own you are disqualified from claiming alimony for yourself from him. However, you can claim heavy compensation from him for the physical and mental abuse you have been subjected to by him.
3. You can claim financial support for your son from your husband by filing a case for maintenance against him.
Since you are doctor you are not entitled for maintenance for yourself. However your child is. So file maintenance case under PWDV Act.
Your husband is s tough nut to crack. So file criminal case u/s 498A, 406 IPC in Mumbai against his tortures. Once he will have to run around courts in Mumbai he will come to your terms.
1.Your husband is clverer than you,
2. He has made documents to show as evidence that he is earning only Rs.12 k whereas you are drawing much more than him,
3. So, he is unable to pay you compensation and you are also not eligible for claiming maintenance,
4. However, file a DV case claiming maintenance for your son,
5. Also file a Divorce Suit claiming aequate amount as compensation/alimony.
1. Engage a detective agency to collect copies of I.Tax returns of your husband and also list of all her assets and other incomes,
2. It will show you his declared and undeclared income to enable you to claim adequate maintenance for your son and also enough compensation/alimony for you.
Hi, as per recent supreme court judgement well educated lady can not claim maintenance and she can able to earn herself and she can't sit idle and she can't claim maintenance through her husband.
2. It is the duty of the husband to maintain his wife and children but if they prove that you are capable of earning then you will not able to get any alimony from your husband.
The disadvantage in your side is that your a professional doctor and also are gainfully employed hence you will not be eligible for monthly maintenance or alimony but your son is very much eligible to get maintenance from his father till he attains the age of majority. The quantum of maintenance will depend on what you claim based on the income of your husband you provide before the court.