• How much settlement and alimony wife can claim?

After 2 month of marriage my wife wants divorce from me. we live less then month together.

How much settlement and amount she can claim ?  I have no property (not any Flat / House).
Is she can claim my parental home?
Is she can claim Monthly maintenance from me? She is not working.

How much money she can demand ?

please help me
Asked 1 month ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1. A petition for dissolution of marriage cannot be filed earlier than a year from the date of marriage. After a year from marriage you may file for mutual consent divorce in which the spouses alone get to decide the amount of alimony. The role of the court in a mutual divorce is limited to the approval of the settlement arrived at among the parties. It will simply put its seal of approval on the MOU executed by the parties. 

2. If, however, there is contested divorce then she can get 1/3rd of husband's monthly income if she is not self sufficient.

3. She has no share in the property of her in-laws.
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0
1) only in exceptional circumstances can you file for divorce during first year of marriage 

2) wife has no share in property standing in name of your parents 

3) wife can claim maintenance as she is not working 

4) generally one third of your income can be claimed as maintenance 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1) if you agree for divorce it is mutual consent divorce 

2) if one of parties does not agree it is contested divorce 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1. Application for divorce can not be filed before completion of one year of marriage.

2. Application for divorce shall have to filed based on grounds acceptable to the Court as specified in the Act 

3. She can not seek divorce with in 2 months from the date of her marriage.

4. She can demand any thing she wishes to but you shall have to contest all her allegations, demands and claims. The Court will finally decide about the divorce, compensation and/or alimony.

5. She has no right, title or interest on your property during your life time. Court may direct you to pay her maintenance and/or compensation after hearing the divorce petition filed by you but will never direct you to part your properties with her.

6. If she is not employed, she will be awarded maintenance amount which will be anything in between 1/5th to 1/3rd of your net monthly earning.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. There are two types of divorce. One is mutual consent divorce (MCD)where in both the parties jointly filed a divorce petition mutually consenting to end their matrimonial relationship. The other one is contested divorce where in one party files the divorce petition on some acceptable grounds like cruelty duly submitting evidence and the other side opposes/contests  the said petition countering all the allegations leveled against him/her. 

2. MCD petition  is disposed of with in 6 & 1/2 months from the date of its filing whereas contested divorce petition takes years to be disposed of by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
When the parties wrestle out in the court with allegations and counter allegations there is a contest/
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0
Hello,
1) It is pertinent to know on what grounds your wife is seeking for divorce.Ideally she can not file for divorce in less than one year of marriage.

2) There is no specific amount of settlement amount that she can claim and that you are not obliged to pay because she asks.

3) She has no right in your parental property, neither do you have during your parents' life time.

4) She can file for maintenance. You can contest her claims. How much money she can claim depends on what she wants to ask for. The normal norm is 1/3rd of your salary.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hello,
1) Contested divorce is where either the husband or the wife is filing for divorce and the other party contesting or defending it with counter claims.

2) As opposed to it in a Mutually Consented Divorce, both the husband and wife together jointly file for divorce and sgree on terms of settlement. Hope that helps.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Dear Querist
she can not claim any share in your parental property, she can claim maintenance and right to residence from you as she is not working and unable to maintain herself.

1/3 of your income can be grant as maintenance to her.

settlement amount can be decide by the court or by the parties if they are ready to settled the matter amicably.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Dear Concerned,

There has to extreme circumstances when divorce can be filed within two months of marriage as the Hindu Marriage acts bars any Divorce petition before 1 year of marriage. 

a. Depending on your financial capabilities , alimony can be claimed. However there is no thumb rule hence you can defend. 

b. No share in parental home can not be claimed
.
c. Yes she can claim monthly maintenance from you - but subject to reasons for seeking divorce you can challenge the same.....and even if maintenance is allowed you can appeal it.

d. Depending on what you earn and lifestyle you had given her. 

Contested Divorce is when the opposite party defends any application that is filed by the complainant / plaintiff is contested divorce. 

Best of luck
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
The alimony aspect shall be decided only after your marriage is dissolved by a decree of divorce through a court of law. 
She has to file a maintenance case separately to seek maintenance amount from you under section 125 cr.p.c. other than the divorce case if she has already initiated or proposing to file.
It becomes her burden to prove your income or sources of income to claim the quantum of maintenance she proposes to claim.
You can deny and put forth your arguments while repudiating her claim for maintenance. 
She has no rights in your property or your parental properties, hence she cannot claim any share in it legally. 
T Kalaiselvan
Advocate, Vellore
13906 Answers
127 Consultations
5.0 on 5.0
what is the meaning of contested divorce

It means a divorce case filed either by her or by you without mutual consent between both for divorce and either of the party shall be contesting it. 
T Kalaiselvan
Advocate, Vellore
13906 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13906 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0