• Alimony

I got married in Sept 2021 and this is a second marriage for both of us. I was widowed and he was divorced earlier. I have a 15 year old daughter. He has two children who live with the ex wife. He contacted me through a matrimonial site. I quit my job as an admissions counsellor in a school in July 2021 few months prior to marriage. Husband supported this decision. He was quite well off( has been in CEO roles ) he told me I don’t need to work. We recently decided to part ways as there were lot of problems and incompatibility. He moved to Chennai recently for good to take care of his parents and just announced his decision without consulting me . I would like to understand if I can ask for an alimony as I am currently living in my mother’s house , not working and have a child to support. I was advised by some lawyers that since I am educated and 44 years , I can find a job . Also I have a reasonable amount in my bank as I sold a flat last year . So even if I take it to court, they will give me a very low maintenance like 5k per month. They said that it doesn’t matter that my husband is affluent. They also suggested that I should ask my husband directly that I require maintenance for the above reasons and would like to know how he can support. Looking for guidance .
Asked 4 months ago in Family Law
Religion: Hindu

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16 Answers

Request husband to pay lumpsum amount as alimony as you are 44 years old and have daughter to support 

 

if he refuses then approach court seek maintenance for your self 

Ajay Sethi
Advocate, Mumbai
97461 Answers
7880 Consultations

It depends upon net income of husband ,standard  of living ,number of dependents etc 

Ajay Sethi
Advocate, Mumbai
97461 Answers
7880 Consultations

You are wrongly advised. You are entitled to maintenance acc. to husband income and life style. 

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

You are eligible for maintenance for yourself since you are not employed and do not have proper or regular income to sustain your expenses.

You cannot claim maintenance for your child born out of first marriage.

You talk to him and agree for mutual consent divorce on the basis of one time settlement of a huge amount, if he is agreeing for it then you can take 50% at the time of filing the divorce case and balance at the time of second motion.

If he is not agreeing then you refuse to his divorce proposal and file a maintenance case under (section 125 of the Code of Criminal Procedure (CrPC) )Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

You collect the evidence of his salary income and the company where he is currently employed and file the maintenance case in Bangalore itself, let him appear before court and express his own problems which can be challenged properly.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

Seek 50 lakhs  as lumsum alimony 

Ajay Sethi
Advocate, Mumbai
97461 Answers
7880 Consultations

You may get around 5 crore lump sum

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

1. Normally in contested divorce, the amount of maintenance/alimony can't be more than 25% of your spouse's income, subject to considering the duration of marriage, spouse's earning potential, etc.

2.  In case of divorce by Mutual Consent, the alimony/maintenance can be determined amicably and then only MOU be signed.

3.   Reasonable lumpsum of alimony can't be quantified as you are still only 44 years old and there is scope for you to get employed in future and the duration of marriage is also less.

 

Shashidhar S. Sastry
Advocate, Bangalore
5449 Answers
330 Consultations

You can mention his  salary what was known to you and don't worry about his present salary, let him appear before court and deny your statement.

he needs to file an affidavit declaring his assets and liabilities with accurate details, if he is found to lie on oath then perjury action also can be taken against him for lying  on oath.

 

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

- If you both are agree for part away then you can file a joint petition before the family court on mutual ground and thereby you can claim alimony from him.

- As per law , a working women is also entitled to get maintenance from her husband , and since you are not working then you can claim maintenance from him and your education will not effected to this. 

- You can claim at least one fourth of his income , however if he having property in his name then for the calculation of maintenance his financial condition will also considered. 

Mohammed Shahzad
Advocate, Delhi
14747 Answers
224 Consultations

Dear Client,

You have the legal right to be granted alimony after your second marriage. your current living status, lack of employment, and your child’s necessity require support. Under the Hindu Marriage Act, 1955 both husband and wife can claim maintenance and it is determined by factors like the duration of marriage, financial position of both the parties and the standard of living which had been enjoyed by the couple during the marriage. Although the fact that your husband earns a lot of money can help you get a low alimony, your current complete financial reliance on your husband will work in your favour. The best approach to solve this problem is to explain your need for maintenance to your husband and sue for a reasonable amount. In the case of a deadlock, you can always seek for alimony through a court, this is based on the Hindu Adoptions and Maintenance Act, 1956 this entitles a claim for maintenance in cases of desertion or appropriate cause of separation. It is also  advisable to hire a family law attorney to help with approaching the legal matters.

 

Hope this advice helps in solving your query.

Anik Miu
Advocate, Bangalore
10367 Answers
121 Consultations

It may take around 5 years to be disposed of 

 

legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
97461 Answers
7880 Consultations

The time taken for disposal of the divorce case cannot be predicted,  in general it may take at least 2 to  3 years. 

Lawyer fees will be informed by the lawyer concerned. 

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

1. If you can present demonstrable evidence to prove the ground through which you are seeking contested divorce, then it may take minimum one to one and half years.

2.  Average legal fee varies depending upon the grounds on which it's contested. 

Shashidhar S. Sastry
Advocate, Bangalore
5449 Answers
330 Consultations

- The Decree of divorce on mutual consent ground can be passed within a short period of time i.e. within 2 to 6 months only 

- Whereas the contested divorce case can take long period and also depend upon the burden of the Court. 

- The legal fees is not fixed and it depend upon the lawyer to whom you engaged. 

Mohammed Shahzad
Advocate, Delhi
14747 Answers
224 Consultations

Dear Client,

In Bangalore when a couple wants a contested divorce it normally lasts anywhere between 6 months and 1.5 years provided there are adequate court sessions for the hearings and the case is not complicated. The process includes a filing of a petition for divorce, further hearings and trial if reconciliation does not happen. An average expense for hiring a lawyer when filing for a contested divorce and the case may easily cost between INR 15,000 to INR 50,000 and above. Apart from the lawyer fees, there are court fees as well. The dissolution of marriage is based on the Hindu Marriage Act of 1955 for the Hindus while the Special Marriage Act of 1954 for Muslim, Christian and inter-caste marriages, or when couples want to have divorce on certain legal grounds. It is advisable to hire the legal attorney for understanding the legal process and in order to manage the process better.

 

Hope this answer solves your problem.

 

Anik Miu
Advocate, Bangalore
10367 Answers
121 Consultations

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