Alimony chances in extra marital affair

669 votes

Husband’s alleged extramarital affairs, amounts to mental cruelty and is a recognised ground for seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Your decision to leave the matrimonial home in 2023 due to such conduct can be legally justified if supported by circumstances and evidence. You are entitled to claim maintenance and alimony for yourself and your daughter under multiple provisions, such as Code of Criminal Procedure, Section 24 and 25 of the Hindu Marriage Act, and Section 20 of the Protection of Women from Domestic Violence Act, 2005. The court considers your income, your husband’s earning capacity, standard of living during marriage, and the child’s educational and lifestyle needs. Your income of ₹15,000 per month may be considered insufficient for maintaining a similar standard of living. Hereditary property owned by your husband in Karnataka, though not directly divisible, can be considered while assessing his overall financial capacity. You may also seek interim maintenance, child education expenses, and litigation costs. It is advisable to collect proof of income, property details, and evidence of cruelty to strengthen your case and secure appropriate relief. Appropriate interim and final reliefs can be sought in accordance with law. or any further clarification, appropriate communication will be required feel free to contact

Advocate Pooja Yadav LawRato

718 votes

Chances of getting maintenance and child support are high, and courts generally take a sympathetic view in such cases. You should file: Divorce petition on cruelty Application for interim maintenance and child maintenance simultaneously Courts can also order litigation expenses to be paid by the husband. This is a fit case to seek strong financial relief for your and your daughter’s future.

Advocate Pankaj Bajaj LawRato

808 votes

Based on the facts stated, you have strong legal grounds to seek both divorce and maintenance/alimony. Your husband’s multiple extra-marital affairs amount to mental cruelty, which is a valid ground for divorce under Section 13 of the Hindu Marriage Act (if you are Hindu) and also recognized under general matrimonial law. Since you are living separately due to his conduct and your minor daughter is residing with you, you are entitled to claim: 1. Interim and permanent maintenance under Section 24 & 25 of the Hindu Marriage Act / Section 125 CrPC. 2. Child maintenance, which is an independent right of your daughter. 3. Permanent alimony, depending on your husband’s income, assets, lifestyle, and standard of living during marriage. Your earning ₹15,000 per month does not disqualify you from maintenance, especially when the income is insufficient to maintain yourself and your child. Courts consider the husband’s earning capacity and properties, including ancestral/hereditary property, while fixing maintenance. If your husband has hereditary property in Karnataka and a stable income, the court can order monthly maintenance or a lump-sum alimony adequate for your daughter’s education and future needs. You should file: Divorce petition on the ground of cruelty Maintenance application for yourself and your daughter.

Advocate Kalpana Sanap LawRato

693 votes

based on your provided information, there are very high chances to get alimony or maintenance. as you are capable to earn amount of maintenance for you are lesser amount but to equivalent to maintain hourself to standard of living of your husband. your daughter will get a handsome amount for maintenance for her education, livelihood, medication etc. and even you will able to get proportionate share in his heridetory property. you have multiple options file case under DV act, BNSS 144, and bigamy also. you have a good and sound ground for divorce as he is in extra marital affair. if you required any specific advice then contact me.

Advocate Nikam Nitin LawRato

551 votes

Maintenance application (125 CrPC / DV Act) Interim maintenance for urgent expenses Divorce petition on ground of cruelty & adultery Child maintenance application. Husband’s income, assets, lifestyle Your income (₹15,000 is considered low) Child’s education & future needs General range (based on case law): 20%–30% of husband’s net monthly income for wife + child Separate amount for child education expenses

Advocate Tanveer Ansari LawRato