I m 46 years old lady doctor in govt.job. I m seeking divorce from my husband on grounds of cruelty. He has abused me and my elder daughter since she was 4. Now she is 16. Me and my elder daughter r living separately. Younger daughter is still living with her dad and they get along well as she is very submissive. In 2014 I felt seriously ill. I m having a chronic disease known as fibromyalgia and secondarily I went into severe depression. My husband did not take care if me. Rather he used to torture me during the time I was not well. He would fight with me for making food and giving him sex daily ...I was on medical leave and not capable of either at that time. In 2015 my husband and his dad forcibly took 600gm of jewellery I had and forced me to leave my home. I was threatened to sign property papers as per their will. I complained to police regarding the threats but I was not given any help. I was forced to sign on property papers according to which the flat which me and my husband owned will be on his name and a shop bought on my name will also b on his name. I hv a plot on my name . I bought this plot with my savings and took personal loan for it. I m still paying the loan. We were married in 1999. I don't claim any maintenance for myself as I earn sufficient for myself. I want to know that if after divorce elder daughter stays with me anf younget one( 13 years) stsys eith her dad, how much money should I claim for her maintenance. I m living in a rented flat. The flat in which we lived was ours and I contributed financially for its purchase too. 600 gm gold was taken by husband and he says he has sold all of it. I m a patient of Fibromyalgia with severe depression and I work with a lot of difficulty. I m an Anaesthesiologist and hv yo attend emergency calls and do night duties too. I hv completed 19 years of service and m waiting to complete 20 years so that I can leave job and get pension. I need to know how much money should I ask for maintenance of elder daughter. My husband used to earn Rs 3 lacs per month after yes in 2014 with 10 % increase every year. I earn 1.35 lac pe month after tds. I m serving Punjab govt. My elder daughter had bn abused physically, emotionally and mentally by My husband . She is also suffering from fibromyalgia and depression. Please let me know what should b my terms and conditions for mutual divorce.
Since there is substantial differences in your income you can seek maintenance fir your self and daughter
2) seek Rs one lakh per month as maintenance fir your self and child or 50 lakhs as lump sum alimony
3) also file DV case against husband seek alternative accommodation, maintenance, custody of your daughter, compensation for mental torture undergone by you
Dear Client,
Mere writing on paper have no value, neither this way ownership in property transfers, You can claim your share through court and gold by filling FIR, Court complain.
Brought up of child is both parents responsibility, Still you can seek half of her expanses (clothing, education etc ).
12% + 5% or around 50,000 of his income for maintenance and studies and medical.
Mutual divorce - custody of daughter , one time alimony for you and daughter, sharing in jointly owned property or payment equivalent to holding acc. to market value.
The maintenance of wife and children is the responsibility of the father but as you are earning reasonably you may not be allowed any maintenance but your daughter deserves maintenance from her father for the education, upbringing and marriage etc and the amount depends on the lump-sum payments and monthly maintenance amount based on the social and economic conditions of the parties.
You need to assess the need of the child and include all the possible expenses and some markups.
You need to claim the custody of the daughter.
1. Police has no authority to decide any question of title to a property. Since your consent to alienation of your share in the joint property was obtained under coercion the remedy in your hands is to file a suit for cancellation of the said deed as illegal. The limitation period to file the suit is 3 years.
2. Even if the elder daughter stays with you her father will continue to remain liable to maintain her till she attains the age of majority. You can claim any reasonable amount but it will be for the court to fix the monthly quantum.
3. In mutual divorce it is for the spouses alone to decide the terms of separation. They can agree on any sum of money to be paid as permanent alimony or monthly maintenance.
If husband and wife both r working, does Indian law state that wife should contribute to household expenses or it is the duty of husband to provide food, shelter and clothing to wife? I gave each and every penny I earned to my husband with the thought that both of us should jointly serve our responsibility. But my husband used my money along with his to run the home or buy property....he spent his earned money on cars, electronics, mobiles, computer, laptops, ipad, home theatre, bike, etc. Even after contributing all my salary to my home I was never allowed to even choose the kind of flat we owned or kind of furniture or other household items. He was a dictator. He never gave me a penny of his income but used to take away everything I earned. After I learnt his ways I gave him money for buying Honda city car and a plot on this pretext that they will b on my name otherwise I won't give money. In this way a car and plot is on my name. What does Indian law state about duties of husband and father if wife is earning. Is wife liable to pay for household expenses or is it completely her choice to spend on home and kids apart from spending on herself.
If husband and wife both r working, does Indian law state that wife should contribute to household expenses or it is the duty of husband to provide food, shelter and clothing to wife? I gave each and every penny I earned to my husband with the thought that both of us should jointly serve our responsibility. But my husband used my money along with his to run the home or buy property....he spent his earned money on cars, electronics, mobiles, computer, laptops, ipad, home theatre, bike, etc. Even after contributing all my salary to my home I was never allowed to even choose the kind of flat we owned or kind of furniture or other household items. He was a dictator. He never gave me a penny of his income but used to take away everything I earned. After I learnt his ways I gave him money for buying Honda city car and a plot on this pretext that they will b on my name otherwise I won't give money. In this way a car and plot is on my name. What does Indian law state about duties of husband and father if wife is earning. Is wife liable to pay for household expenses or is it completely her choice to spend on home and kids apart from spending on herself.
both husband amd wife should share household expenses
2) expenses of maintenance of children should be split in promotion to their income
3) if husband refuses to pay seek court orders to direct husband to pay for kids maintenance and meet household expenses
AS i said, working women cannot show herself complete dependent on men, no doubt It is obligatory on husband to take care of daily and essential needs of life. But in case of self dependent women, both have to contribute towards households.
But you can claim your contribution, as u r ousted from house and barred from let enjoy those facilities bought from your money.
You can claim possession of car and flat, all u need to prove payment made by you.
It is unanimous duty of both parents to contribute in up bringing of child. And only wife should pay for household than its economic cruelty on wife, She cannot be forced to spend her hard earned money acc. to in laws and husband choice.
View of court is husband cannot shirk his liability to maintain his wife on the pretext that she is qualified and competent enough to take a suitable jog or earns good.
If your husband is earning more than you then you can very well file a maintenance claim under section 125 cr,.p.c. for your child.
You can claim up to one third of his known income, though the court may be inclined to grant 25 % of his proved income.
Besides filing divorce case, you may file a petition for return of your valuables under section 27 of HMA.
You can file a separate case for recovery of your proeprty held by him.
If he is not coming for terms as prescribed by you in respect of yor property and valuables taken away by him as well as one time settlement for your daughter's benefit, you may drop the idea of mutual consent divorce and gfo for contested divorce.
If both are working, it is general that both should share the household expenses.
Legally you cannot claim maintenance if you are employed.
If you are not employed then it becomes his duty to maintain family and the expenses thereon.