Court considers husband net income after taxes on determining maintenance 

2) you have not mentioned what is husband net income after taxes 

3) further you have not mentioned what is children expenses per month 

4) generally courts award 25 per cent of net income as maintenance 

5) you can seek lumpsum alimony of around Rs 30 lakhs or so 

Hello,

The amount is generally being agreed upon  between the parties or by their advocates. The amount should also be in par to the social status and stand of living of the parties.

Hope this helps.

Regards 

To be a valid ground, there should be living in adultery.  One or two acts of adultery doses not constitute adultours conduct necessiting divorce. I am not at all suggesting any such conduct, but that is the law.  There are no hard and fast rules for computation of alimony, it ranges from 1/5th to 1/3rd of the husband’s net worth and is a one-time settlement.

You have many options. Law is in favor of women. Following  remedies are available to you, use whatever suits you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.

For further clarification you may contact me. Hit the like button if the advice is useful to you.  

A mother is aggrieved person under Domestic Violence Act, 2005 and can file a complaint against sons and daughters in law in Court of Magistrate. The Act is applicable to mothers also.

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on her behalf or an Advocate engaged by her can submit an application to the Magistrate or police. A notice will be served on sons and in laws and they will be asked to attend the court on a particular date. If they fails to attend court, they will be arrested by police and brought to court. She can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. attempting to communicating with her;
6. Residence order. Police will force her sons to give shelter in the house.
7. Monetary reliefs can be obtained--
8. To meet the expensed incurred and losses suffered as a result of domestic violence;

• Medical expenses;
• Lump sum payment.

1. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
2. 
   Code of Criminal Procedure, 1973, Section 125: she can obtain monthly maintenance.

- As per law, wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances, 

- If she is housewife , then she can claim maintenance/alimony as per her & husbands standard of living and gross income 

- As per the Supreme Court , 25% of the husband's net salary to be paid as alimony to the estranged wife.

- Hence, if you are going to settle the dispute , then you can mutually decide the same . 

The wife being unemployed and has no source of income to sustain her expenses including day to day chores as well as unable to take care of her minor children, she can very well file a maintenance petition under section 125 Cr.P.C, maintenance pendente lite under section 24 HMA in the divorce case that is going on, and for maintenance under the provisions of DV act too. 

Besides, he being an Army personnel, she can write to his commandant/commanding officer or the Army wives welfare association to direct the accounts officer to deduct a substantial amount from his salary and send it to her directly to her bank account, there is a provision in Army Regulations for this.

The quantum of maintenance to be granted by court would depend considering all the facts especially if she has filed seeking maintenance under all provisions of law including through Indian Army authorities. 

The court may make sure that overall amount not exceeding one third of his take home salary can be granted as maintenance. 

Dear Client,

Court considers husband net income after taxes on determining maintenance.

Generally courts award 25 per cent of net income as maintenance.

A notice will be served on husband and he will be asked to attend the court on a particular date.

Section 125 (Code of Criminal Procedure,1973): You can obtain monthly maintenance for yourself and child.

Thank You.

The amount is not depending on salary it depends on standard of living during subsistence of marriage, his expenses, your expenses, children  support etc