quesAm i entitled to maintenance if i file for divorce? I am working.

I want to know if i file for divorce what maintenance would i get since i working, but my salary is less than that of my husband. I also have a 3 yr old son. What is legal separation, can i apply for it? Me and my husband also bought a property jointly, how can i get that property and do i or my son have share in ancestral property of the husband?

  • ans1. For getting maintenance there is no hard and fast rule it will depending upon the income of the husband, social status etc and court will also consider the your earning capacity also.

    2. As you and  your husband has jointly purchased the property so both of you are the absolute owner of the property if any one want property then either of you has to execute release deed or gift deed in favour of others.

    3. It is better tried to settle the matter amicably and go for mutual consent divorce.

    4. Your son has a share in ancestral property of your husband.

  • ansAs per Supreme Court ruling even if women are working, still they are entitled for grant of interim maintenance during the pendency of the Divorce case as well as after divorce. The father is also liable to maintain his minor children. But your income will be taken into consideration by the court will granting maintenance amount. As per law Legal separation is known as "judicial Separation" and either of the spouse can approach the court by filing the Petition. Further if you and your husband own a property jointly, then you are absolutely entitled for half of the share in the said property. you can approach the court by filing partition suit before jurisdictional civil court. Your son has a share in his ancestral property as a coparcenary right by birth.

    Advocate Jagadish N

      Adugodi, Bangalore

  • ansYes you and your will be entitled to receive maintenance. You can ask the joint property to be transferred to your name and this would be a part of the maintenance. Your son has a share in ancestral property of your husband.

    Advocate Tanushree Sahani

      Jakkur, Bangalore

  • ansHi, for getting maintenance there is no hard and fast rule it will depending upon the income of the husband, social status etc and court will also consider the your earning capacity also.

    2. As you and your husband has jointly purchased the property so both of you are the absolute owner of the property if any one want property then either of you has to execute release deed or gift deed in favour of others.

    3. It is better tried to settle the matter amicably and go for mutual consent divorce.

    Advocate Pradeep Bharathipura

      Rajajinagar, Bangalore

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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