Alimony when wife is working and wants to take the custody of child
22-Aug-2023 (In Divorce Law)
when the wife is govt emp. and ready to take the custody of the 13yr old daughter and husband enrolled in bar council but not duing any law practice then what can be the status of Alimony
Alimony is given to wife as per court order at the time of divorce. Since she is Govt Emp not entitled. But, the daughter entitle for maintenance . Court has to order for it . What mentioned in divorce order ? His practice is nothing to do with his daughter maintenance.
What is the minimum maintenance to the wife?
The Supreme Court of India set a 25% monthly payment for the wife if the maintenance law is paid by the husband.
How child support is calculated in India?
The court will determine child support based on Indian divorce law and the costs of raising a child. In order to calculate child support, a number of factors are considered, including the parents lifestyles, the child’s education, health insurance, EMIs and other assets and responsibilities. 03-Sept-2023
What is the right to maintenance of a child in India?
According to Section 125 of 1973s Code of Criminal Procedure (CPC), if a person with sufficient means refuses to support his wife or child, or neglects it, they can apply to a Magistrate, who will order an allowance to be paid to them each month to help maintain their wife or child. In the case Chanmuniya Vs.
How much child maintenance should I pay in India?
The Supreme Court of India has ordered that the wife receive 25% of her husband's net income as a benchmark. It is not set. In general, the amount of alimony is between 1/3rd and 1/5th of the husband's income.
Mother has every rights on her children up to 14years, and more over she is working woman, she has a capacity to feed the children. So almost she has in good condition. But hear husband is unemployed and he has no income.
Hi
Alimony is decided not on the income earning capacity of the spouse, but on the grounds for which the couple are seeking divorce, future of children, social status of the couple etc.
Though the husband might claim that he has no regular income, courts have always directed the husbands to pay maintenance and alimony by selling properties or by finding alternative careers etc.
Also since your wife is a government employee courts might not grant any substantial monetary grant to the wife, but might consider the fact that she has taken up responsibility for maintenance and upbringing of child and hence might award alimony in lieu of her services to the child.
Alimony is decided not on the income earning capacity of the spouse, but on the grounds for which the couple are seeking divorce, future of children, social status of the couple etc.
Though the husband might claim that he has no regular income, courts have always directed the husbands to pay maintenance and alimony by selling properties or by finding alternative careers etc.
Also since your wife is a government employee courts might not grant any substantial monetary grant to the wife, but might consider the fact that she has taken up responsibility for maintenance and upbringing of child and hence might award alimony in lieu of her services to the child.
Madam,
It is in the judge's discretion to grant or refuse alimony and it depends on many factors such as husband's income, tenure of marriage, child/children' s food, shelter, education and all other needs, your lifestyle and your husband's lifestyle etc. As you did not provide details of your salary, job tenure left, your fixed/movable assets and whether your husband owns any property (ies) etc, it is difficult to give an estimation on the quantum of alimony the court could grant. Feel free to contact me with all the details to receive proper advice.
It is in the judge's discretion to grant or refuse alimony and it depends on many factors such as husband's income, tenure of marriage, child/children' s food, shelter, education and all other needs, your lifestyle and your husband's lifestyle etc. As you did not provide details of your salary, job tenure left, your fixed/movable assets and whether your husband owns any property (ies) etc, it is difficult to give an estimation on the quantum of alimony the court could grant. Feel free to contact me with all the details to receive proper advice.
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