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Husband is not accepting wife. can I ask for alimony and how much ?
24-Nov-2023 (In Divorce Law)
My daughter (22 years old) married an IT Professional two years ago (now she has a boy), before ten months the husband sent her to her home saying ' I no need you' after harrasing her vocally with violence and the party of husband not yet came for any compromise or negotiation, Please advice what alimony and maintenance can we request for this case
She can every right to get maintenance . File RCR petition and maintenance petition before family court.
The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony
Interim maintenance: In India, family courts can pass an interim order on maintenance to a spouse when she is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance.
: The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.
While calculating the maintenance.
1. Total monthly Income of both Husband as well as Wife.
2. Number of children’s
3. Number of years of marriage.
4. In case of the Income of wife is 50 % of Husband's salary then she do not get maintenance.
5. In case if she has to take care of her child also then in such cas maintenance amount would be more.
6. If the wife is well qualified and well settled then percentage of maintenance would be less but yes now a day maximum cases goes in favour of wife only.
7. Or else if you do not want to share your salary and property then you convince your wife for a permanent alimony in which whatever she will demand you have to pay her in one attempt then she will not be able to claim for any other thing in future. But all this you do it as per the court procedure to avoid in future problem.
8. As regard to distribution of you salary between three wives, I would like to inform you that yes you have to pay all three wives maintenance but again I will repeat the point no. to 4 again.
9. One important point while divorce neither Wife nor the Husband can claim property of someone else.
10. A wife can claim the property which is earned by her Husband.
11. Yes man can get a benefit of this law, I\in statue it clearly mentioned that either of the parties can claim maintenance, that is either Husband or Wife, even you can claim maintenance from your wife if you may able to prove that you do not have earning source and your wife has earning sources and she has also acquired a properties in her Name.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties,their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony
Interim maintenance: In India, family courts can pass an interim order on maintenance to a spouse when she is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance.
: The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.
While calculating the maintenance.
1. Total monthly Income of both Husband as well as Wife.
2. Number of children’s
3. Number of years of marriage.
4. In case of the Income of wife is 50 % of Husband's salary then she do not get maintenance.
5. In case if she has to take care of her child also then in such cas maintenance amount would be more.
6. If the wife is well qualified and well settled then percentage of maintenance would be less but yes now a day maximum cases goes in favour of wife only.
7. Or else if you do not want to share your salary and property then you convince your wife for a permanent alimony in which whatever she will demand you have to pay her in one attempt then she will not be able to claim for any other thing in future. But all this you do it as per the court procedure to avoid in future problem.
8. As regard to distribution of you salary between three wives, I would like to inform you that yes you have to pay all three wives maintenance but again I will repeat the point no. to 4 again.
9. One important point while divorce neither Wife nor the Husband can claim property of someone else.
10. A wife can claim the property which is earned by her Husband.
11. Yes man can get a benefit of this law, I\in statue it clearly mentioned that either of the parties can claim maintenance, that is either Husband or Wife, even you can claim maintenance from your wife if you may able to prove that you do not have earning source and your wife has earning sources and she has also acquired a properties in her Name.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties,their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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Hi,
Definitely the wife can sue against her husband before the Family court and the Judicial First Class Magistrate Court in her location. The wife cam file maintenance and alimony against her husband before the family court as well as the JFCM Court provided she is not an earning person. However she can file it for the child.
If she has been harassed by her husband she can definitely file the criminal case against him under sec 498 A
Definitely the wife can sue against her husband before the Family court and the Judicial First Class Magistrate Court in her location. The wife cam file maintenance and alimony against her husband before the family court as well as the JFCM Court provided she is not an earning person. However she can file it for the child.
If she has been harassed by her husband she can definitely file the criminal case against him under sec 498 A
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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