• Divorce alimony

Duration of marriage : 5 yrs
Age : 26 yrs
I am staying at my parents home from last one year. I was housewife for 4 yrs and my husband has filed a petition for restitution of marriage and want me to come back. 
I want divorce and compensation. My husband is earning 75K per month how much compensation i can demand from him as permanent settlement. 
He is ready to give me 5 lacs as compensation but i have demanded 12 lacs.
He has given false statement that he is earning 35 K per month. I dont have any proof of salary.
So, I am getting 8K as maintainance.

Please guide me how should I settle the case and how much compensation/alimony i can get from court.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Sikh
Dear Client,In that case its completely court discreation there is no any prescribed formula about that.
Advocate Anurag Bhatt
Allahabad High Court.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
1. Mutual settlement happens only if both parties agree in it. If he is not ready then yu have to agree on his terms or the case will proceed.
2. Try to gather evidence on his actual income. if his employer is summoned to prove his income your maintenance would surely increase.
3. If his salary is proved then your alimony should not be less than Rs.15,000/-.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
1)  is your husband having his own business or is he employed with any company ? 

2) your husband must be filing his income tax returns? 

3) have you in your reply alleged that your husband is earning Rs 75,000 per month ? 

4) did you make any application to court calling upon your husband to furnish his income tax returns for last 3 years ? 

5) contact a detective agency to gather evidence of your husband income . 

6)an amicable settlement between parties is the best bet . 

7) considering your husband income offer of Rs 5 lakhs is less . Rs 10 lakhs would be a more reasonable figure for alimony
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Hi, if both the party willing to go divorce by mutual consent then question of permanent alimony will be decided by both of you and if u filed a divorce case against him and filed an application for maintenance and then court will order for maintenance taking into consider the social status of your husband and salary he earned........and  from your narration you have  stated  that in the application   he is only earning 35k only.......... you have to file an application for summoning  the salary slip  of your husband through HR of his company.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Try to find out his income proof by summoning his employer or income tax department .Move an application for enhancement of maintenance. If income is proved,you may settle for alimony at least for Rs. Ten lacs.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. If you want divorce then you may unilaterally file for divorce at nay time on the grounds applicable to your marriage. Since there is no agreement between you and your husband on the amount of financial support to you mutual divorce seems to be a distant possibility.

2. You have to collect the evidence of him earning 75,000 a month and submit it to court to succeed in your pursuit. The court may call his IT returns on your request to get a clear picture as to his monthly income. If IT returns are not demanded then in the alternative you should avail the services of a detective agency to find obtain the proof of his income.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. If he is getting Rs.75 K per month then you can claim maintenance of Rs.25 K per month,

2. You will get Rs.25 K per month @12% monthly interest if you keep Rs.25 Lakhs in Bank,

3. You are 26 years old now and is expected to live another 60 years,

4. So, after discounting inflation, you will require at least Rs.25 Lakhs to get Rs.25 K as maintenance  after gradually apportioning the principal amount for next 60 years,

5. You will need much more than Rs.12 lakhs for your maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
the issue of permanent ailmony is to be settled between parties. for enhncement of mainteance you have to prove his income in court. file appplication in court for asking his salary. if it is rejected by judge you may approach higher court against this rejection order
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
file an application before court for filing detail affidavit as per the direction of Puneet Kaur Judgement of Delhi High Court regarding detail affidavit, if he filed his affidavit with wrong and false facts then file a criminal complaint u/s 340 of Cr.P.C against him for perjury.
The alimony is depend on the court discretion and status of parties.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Marriage has become a lucrative business now a days and some wives think that husbands are only ATM kiosks.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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