What is the remedy for the wife to claim maintenance, what percentage of husband’s salary can she claim and its chances of success.
If there is no divorce pending, she can file a maintenance case for herself and her two children before a Judicial magistrate first class under the provisions of section 125 cr.p.c. The quantum of maintenance will depend on the amount she reliably believes it to be true, if possible she may produce the authentic documents before the court to prove his income or source of income. There is no yard stick to measure the quantum however it may be between 1/3rd and 1/2 of his income when it comes for consideration for three people seeking maintenance.
Approximate time that maintenance order might take pending other proceeding including that of separation, custody of children, division of property etc.
It depends on the court and its proceedings.
If a final divorce comes through what could be wife’s share in the property. Does it include ancestral property such as land in village also?
Whether divorce or otherwise, she is entitled to an equal share in the jointly owned property, she cannot claim anything beyond that including the ancestral property or the properties lying on his name alone.