Alimony chances in extra marital affair

966 votes

As you have mentioned that the daughter stays with your husband, it is unlikely to claim maintenance for her unless she starts living with you or get her custody with you. absolutely you can apply for divorce and if you are earning less than him, and need money to maintain yourself or your standard of living which you had with him, you can claim maintenance and there's a chance that you will get it.

Advocate Chanchal Singh LawRato

801 votes

Hello you can file the petition for divorce and alimony for you and your daughter. The Court can pass an order based on your assets and liabilities affidavit and same with your husband as well. The court will assess your earnings but it has no relevancy to decide the amount of alimony

Advocate Harshad Garud LawRato

549 votes

Based on the facts stated, you have strong legal grounds for divorce and maintenance. Your husband’s multiple affairs amount to cruelty and adultery, valid grounds for divorce under the Hindu Marriage Act. Since you are living separately with just cause, you are entitled to maintenance for yourself and your minor daughter under Section 24 & 25 HMA and Section 125 CrPC, despite earning ₹15,000 per month. The court considers husband’s income, standard of living, needs of wife and child, not merely your salary. Your income is modest and insufficient for the child’s education and future, so maintenance for the daughter is almost certain, and spousal maintenance is also likely. Regarding property: you cannot claim ownership in his ancestral/hereditary property during his lifetime, but its income can be considered while fixing maintenance and alimony. Courts often grant monthly maintenance plus one-time permanent alimony depending on his financial capacity. You should file: Divorce petition on grounds of cruelty/adultery Interim maintenance application Separate child maintenance claim Chances of maintenance are high, especially for the child.

Advocate Pankaj Bajaj LawRato