working women may get alimony, depending on her income from her job and the income from other sources. 125 of the CrPC clearly states that if the spouse is unable to maintain herself due to certainly reasonable inability, then the husband has to provide her with enough alimony to live a life with dignity.
Alimony
I got married on Sep 11, 2013. Me and my husband have been having problem ever since we got married. We have a 5 year old boy. I take care of my parents along with my baby. I am going to my mom's place in a week because of no understanding between both of us. This is the third time I am leaving (I have gone 2 times before because of not able to withstand the torture by my in laws and husband. now we are living separately in a rented house). He called me twice in the past stating everything will be fine and I came here believing his words on both situations. I even changed my son's name since he did not like it(though while keeping the name before 5 years he was okay with it). I came here 2 years back, for few months things were fine but again it was back to square. We have not been speaking properly for the past 4 to 5 months and anything important is via SMS only and I stayed here still for my son's school. Here I was taking care of maid salary, fruits and vegetables and current bill and many other school activity things, his snacks etc so far. He owns a house for which he pays 50k per month as EMI. His parents have 2 houses which they have given for rent and his father gets a pension since he was working in forest department. I am working and I am earning 35K per month. My dad is retired and mom has not worked and is a housewife. No pension for my dad as he was a private bus conductor and we live in rented house. I take care of my parents completely and now my baby is also there. I do not have any savings too and have a personal loan running. I am ready to live with him if he changes, but he is not ready stating he has no hope that this relationship will workout. If I get divorce from my husband who is earning 1.25 lakhs per month, what would be the alimony amount because I am really scared if I think about my son's future.
Asked 6 years ago in Family Law
Religion: Hindu
12 Answers
Since there is substantial differences in your incomes you would get maintenance for yourself and your son
2) court can award you Rs 25000 maintenance for yourself and your son
3) settle for lumpsum alimony of Rs 15 lakhs
You can claim alimony for you as well as child support for your son. You will get residence rights also in your matrimonial house if required. You can fike maintenance application in family court. You can also file maintenance under 125 crpc for the same. You can also seek maintenance under domestic violence.
If you go for divorce and alimony will be approx 35K per month including to your son as well.
You are earning so you can't get maintenance for yourself but he has to pay for your child. Also since ypur parents are dependent upon you hence demand maintenance for yourself too as you are leaving because of his bad behaviour and domestic violence bu your in laws too.
You will get alimony to the tune of 20-25 lakhs.
Maintenance too.
If you file a divorce case on the contested grounds you may not be eligible for any alimony since you are employed and drawing a handsome salary.
However you can claim maintenance for your son which he is bound to pay.
For maintenance only his take home salary can be considered and not his parents income, similarly if you are earning then that will be taken into consideration.
Your claim to take care of your parents will not be taken into consideration by court to decide bout maintenance amount to you.
See you can file for maintenance for you and your son the court shall grant you same. Further in case you and your husband choose for the mutual divorce then in that case you and him can mutually decide the alimony and the son's maintenance amount.
Also you and your husband can try counselling to resolve the dispute between you and him.
1. Nobody can predict the alimony amount.
2. Maintenance of child is a joint responsibility of both parents.
3. He is also liable to pay maintenance to you unless he is able to prove that you are self sufficient. The quantum has to be decided by the court keeping in mind the income of your husband, his liabilities and the lifestyle led by you.
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
The courts will take into consideration of the assets / liabilities of your husband before deciding the amount of alimony.
If he is salaried, the net salary will be taken into consideration.
Thus, considering the social status, age of sibling etc., the amount will be fixed. It is very difficult to comment on the alimony likely to be allotted by court.
More often than not a lumpsum amount ranging between 20 lakhs to 30 lakhs will be granted. Subject to liabilities of your husband, the amount varies.
At least 35 to 40k per month as maintenance. One time alimony you can demand around 40 to 50 lacs. And if his saving is good enough than much more.
1. You may get atleast 50 K maintenance per month if you file case for maintenance of your child.
2. Permanent alimony depends on the negotiations between you and your husband.
3. You should file case for maintenance of your child against your husband in family court under section 125 CrPC.
