What can I expect as a settlement from a rich unfaithful husband?
I have been married 8 years, we have one child 15 months old. My husband has asked for a divorce, he has been unfaithful, he does not know I have proof. What type of settlement can I get? He is very well off, a very high paying job (avg. 7 lak a month) but we have never had joint accounts and he has never given me much money or expenses apart from house maintainence. He has hardly bought me anything major over the years, including jewellery or car etc. All has come from my parents. I was working until I became pregnant (40k salary). He wants mutual divorce and is threatening to take away my son, if I don't give a mutual consent. He has also been an absent father, from birth of our son. My in laws hate me, and never treat me well - more of mental harrasment without any physical pain.
For all damages, can I ask for a one time settlement of 8 crore for me and my son, and I want full sole custody and guardianship, 1 Crore for each year of marriage? Is it realistic to expect this much? If not what is more realistic, what is an appropriate expectation? I know him and his family have the means to pay although he is pretending to have a mere 15 lak in his bank. I want to try make sure he does not escape easily for all the torture and betrayal he has put me through. For the past 5 months he has been very bad to me, verbally abusive and generally harassing me a lot.
Asked 3 months ago in Family Law from Chennai, Tamil Nadu
1) if your husband has been unfaithful to you , verbally abusive , harasses you file complaint under section 498A of IPC against husband
2) dont agree for mutual divorce
3)contested divorce would take around 5 years
4)since your child is only 15 months old custody of child would be awarded to you
5) gather evidence of husband income .
6) seek maintenance of 2 lakhs per month for your child and your self
7) court would not award you 8 crores sought by you
8) realistic figure would be around one crore only
9) also file Dv case and seek maintenance, alternative accommodation , compensation for mental torture undergone by you
1. If you have evidence that he had gone astray then you may file a domestic violence case against him under Protection of Women from Domestic Violence Act, 2005 to seek monetary compensation from him. You may even claim 100 crores from him, which many wives do, but it is for the court to decide the quantum. Everything will hinge on the nature and degree of evidence, which you say is in your possession. This apart, you can also claim monthly maintenance for yourself and son from him.
2. Under Indian law mother is the natural guardian of the child unless he attains the age of 5 years. So you are free to seek the custody of your child. If you an apprehension that your son may be uprooted from you then a suit for injunction may be immediately filed.
First and foremost thing you should understand that you can seek alimony or one time settlement only during a divorce proceedings is going on
You are yet to file one hence you may have to first file a divorce proceedings and if he is willing and ready to give mutual consent divorce then you may dictate terms.
There is no logic in claiming Rs. 1 crore for each spent year together in the married life.
You can claim anything as alimony but you have to prove his income to that extent so that, it becomes reasonable demand.
You can discuss with your lawyer and file a plaint suiting to your taste and circumstances.
The mutual divorce and final settlement made out of this depends solely on the mutual agreement and willingness of the parties.
Since it is an agreement the law has no role to play in this as far as quantifying the sum of money is concerned.
So you can claim as much as you want but settlement would occur only if your husband agrees to such amount or to some other sum of money to which both of you agree.
All the best.
1. The compensation should be for your leading the anticipated balance period of your life along with your son till he attains adulthood.
2. In view of the above, you can claim Rs.8 Crores towards compensation and wait to watch how much the Court awards.
3. It has to be kept in your mind that you shall have to prove your allegation against your husband being supported by evidence you have at your disposal for getting the decree of divorce and the associated compensation.