My niece got married to a boy and hit was an arranged marriage in 2010. With in 3 months husband' s family members tortured her also sent her back home. Unfortunately she was pregnant and ever since 2 -3 times we requested him and his family to come and discuss and go together , but his mother and sister are supported him to stay back . Later my niece has delivered a beautiful daughter and even then the husband family did not bother to accept our any of invitation for naming or moving together. Now both mother and daughter are with us and we wanted to get rid of this rogue husband and family . Could you pl suggest one time settlement amount which should support my niece and daughter's day to day life and daughter's education etc.which should be big punishment for him to give . We don't need any maintenance money
1) what s husband income ?
2) is he willing for divorce by mutual consent ?
3) alimony amount payable would depend upon number of factors
4) is your neice working or not ?
5) what is amount husband has offered to pay ?
6) your neice can file DV case and seek right to stay in matrimonial home or alternative accommodation , maintenance and other reliefs
1. First of all lodge a police complaint u/s498A of IPC r/w section 406 alleging dowry harassment,
2. After that file a DV case claiming maintenance (for the time being) and right of residence and also protection,
3. After that file divorce suit claiming alimony/compensation commensurate to the income of her husband.
Hi, For fixing the permanent alimony there is no hard and fast rule for payment of alimony it is between the parties to decide.
2. It is the duty of the husband to maintain his wife and children so your niece are entitled for maintenance so your niece can file petition under section 125 of the Code of criminal procedure for maintenance or she can file a petition under DV act for maintenance and also residence order.
3. As far as one time settlement is concerned it is the between the parties to consider and court will not interfere for permanent alimony.
Apply under section 125 crpc for maintenance and also file application compensation under section 21 of Domestic violence act of Rs 20 lakh . Compel the husband to initiate process for one time settlement. If husband initiates process then you can bargain better.
1. First of all your niece should decide whether to go for mutual consent divorce or contested divorce.
2. In case she decides to go for MCD, she has to convince her husband to agree for MCD.
3. In case she decides to go for contested divorce, let her file a petition in the court against her husband for Restitution of Conjugal Rights. If there is no positive response from her husband for RCR, let her file for divorce using this reason, as also domestic violence, mental harassment.
4. Better to convince her husband to agree for MCD, wherein the divorce would be less stressful and can save time, effort and money and also to avoid long litigation and your niece can move on with her life just after 6 months' of filing for divorce and also in addition to alimony to be decided by the couple, other things like return of articles, division of assets and finances and money towards child's education, etc..and agreeing for one time lumpsum settlement.
5. In case of contested divorce which is a long drawn procedure, the alimony of one time settlement depends on various factors like, whether your niece is employed?, What is her salary, Whether her husband is employed or is he doing business or is a professional and what is his monthly income etc..
1. One time settlement is possible only if there is a mutual divorce, failing which your niece can unilaterally file for divorce on the ground of cruelty against her husband, which she will have to prove in the court. If there is a contested divorce your niece can seek financial support by filing a case for maintenance for herself and her daughter in the court.
2. She can also seek compensation for the domestic violence suffered by her.
3. This apart, she can also file criminal charges for assault and dowry violence, if committed, against them.
One time settlement amount can be decided after the knowledge of income, assets and status of families.
Approximately 20 lacs should be the amount or more then but not less then.
Domestic violence case can be filed against them and claim protection, right to residence, monatiry relief, child custody and compensation as per section 18,19,20,21& 22 of the protection of women from domestic violence act 2005.
Feel free to call
Everything depends on the husband's salary and his responsibilities towards his family members like his aged parents. But sice there is a daughter normally around 70% of his salary can be claimed provided he has no other responsibility. Try settling the ,atter amicably may be through Mutual Consent Divorce but claim money in the form of alimony and maintenance from them as a way of punishment to them.
Regds,
Adv. Payal
