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Married an NRI and separated, can I claim for alimony
25-Jan-2023 (In Divorce Law)
Matrimonial: I was married to an nri in 2014, afrer being abused physically n mentally I decided to separate & moved back to india & residing with my old retired parents, I am still running around for job, whats the alumni I can claim
Yes .u can claim. but first question. .apki marriage k bad apne khi complaint ki.or apke husband ko ye pta h ki app job krte ho.or koi child h kya.or kitna time ho gya husband se alg hue.kya vo apse divorce lena chahta h.
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Adv. Neelam Rai
Faridabad | 100+ Answers
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How can a husband avoid alimony?
The spouse who is physically incapable to earn his own bread and milk may not be required to pay alimony. The court can order the wife in such cases to pay alimony. Your divorce lawyers representation will influence the courts decision on alimony.
Can wife demand alimony after divorce?
Even if a woman files for divorce in court, she is entitled to alimony. If the wife is not employed and has no means of earning, she can claim maintenance.
Can wife get alimony without divorce?
The wife can also ask for maintenance if the couple has children from their marriage. Maintenance is due to a woman who has been separated from their husband, or whose husband has left her without a valid reason. The wife can claim maintenance under Section 125 of the CRPC. 30-Sept-2020
What are the rules for divorce in India for NRI?
Both parties must file divorce papers with the court.
Both parties must agree in advance on the amount of maintenance and the custody of any child born out of marriage.
The case is adjourned six months after the date the plea was presented, also known as the initial motion.
Whether u are doing a job or not, you are entitled to a maintenance depends upon the salary of your husband. Generally you may got a monthly sum equal to the half of your husbands income. ..... You may file this petition under section 125 crpc
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Adv. Pradeep Nehra
Karnal | 25+ Answers
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hi.. place of marriage is very importent . assuming your marriage took place in inida then yes you can ask for monthly expenses ubder domestic voilence act. provided anyone of his parents or your husband must be rediding in india then it is possible. you said seperated not divorced. there is big difference. keep that in mind too..
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Adv. Vikram Chauhan
Panchkula | 25+ Answers
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You can certainly claim maintenance and alimony from your husband. You are entitled to a share after taking out one share for his parents and one for him. So at least 1/3rd share in his income for your maintenance and permanent alimony can be claimed depending on how strongly you bargain.
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Adv. Amit Kumar
Gurgaon | 25+ Answers
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Under the Hindu Laws it is well settled that the wife is entitled to the same status as being enjoyed by the husband. Meaning thereby you are entitled upto the 50%, max, of the income of your husband . Therefore, for the maintence or residential, monetary reliefs, etc., except decree of divorce, you may approach the "Magistrate" under the 'DV Act 2005' for the all (supra) reliefs under the "Act, 2005".
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Adv. Sanjeeva Gupta
Panchkula | 25+ Answers
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In Rajendra Prasad (2015), the Delhi High Court ruled that an NRI man cannot avoid paying his wife alimony by claiming the marriage occurred in a foreign land and was not recognized under Indian Law. The court ruled that the wife was entitled to alimony regardless of where she married.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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