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Procedure for divorce how much amount can I claim for alimony


07-May-2023 (In Divorce Law)

I hav been married fr 2 years, my husband had a traveling job so i used to stay with his father alone in the house for a year. there were constant understanding issues between both of us.In between numerous times i was asked to leave his house at odd hours of the day and couple of instances of physical abuse too happened for which i have photos as proof.Now my husband stays in a different country i stay in another city where i work we have not been communicating for 6 months. Financially i am independent , my husband earns 2x of me. Wat r the grounds of divorce n am i entitled to alimony?

Answers (5)

Answer #1
948 votes
At this stage you can file your divorce case only on cruelity ground. You hv to prove cruelity against your husband and so far is alimony is concern that will depend on share of your husband. Its also depends how early your husband wants to get divorce from you
Answer #2
825 votes
see asking maintenance is different and getting Divorce is different. since there are physical abuse and mental torture you can file Divorce under the ground of cruelty. Further there is no compatibility you could add irretrievable break down of marriage. Now coming to maintenance/alimony we need to look into his life style and your life style and how the future would be in case of Divorce. So after looking into all these aspects we could definitely quote what could be the amount of your alimony. some times couple do go for one time settlement. In the mean time you may think of the option of Domestic Violence against your husband and that will bring them down since there in penal provisions involved in it.
Answer #3
685 votes
Cruelty and desertion are the ground which is applicable in your case. If you want to dissolve the marriage , you have to approach the family by filing an application to this effect.If the court is satisfied by your lawyers arguments, court will issue notice to your husband. He will rebut your arguments. Judge will decide where the case lies. Judge will order first motion of divorce and after six months of separation the second and final motion of divorce takes place. If you show that you are working, you will not get any alimony. But you can claim the expenses which your family did in your marriage. If your father in law did physical abuse with you, you should have complaint against him. Revert me. All the best.
Answer #4
666 votes
Dear, the amount of alimony is calculated on different grounds. The grounds are like money spent on marriage and dowry articles. The income of husband and wife and their living standard matters. There are different others grounds to calculate alimony. It can be calculated only after personal meeting. It also vary from judge to judge also. You have good grounds for divorce as you are being mentally and emotionally and physically tortured. Best of luck. God bless you
Answer #5
555 votes
In my opinion I do not think you are entitled to alimony since you are saying that you are financially independent which implies that you are gainfully employed. If you both of you are hindu, you can seek divorce on the ground of cruelty.

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.

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