Divorce case my husband has illlegal relationshi with other girl I do

683 votes

Dear Madam, In India more than 80% marriages are unregistered. Since because it is not registered Court cannot reject your divorce petition. You may easily get divorce on the ground of adultery which is cruelty in the legal meaning to the wife. Thus you may file divorce petition under Section 13(1)(ia) of Hindu Marriage Act. You will also get alimony as per following formula. Please contact my office. ====================================================================== Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony. A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family. HOW TO CALCULATE ALIMONY Dear Madam, My answers as follows. 1)what is the max alimony I can claim from him? Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows Salary Rs.2 lakhs per month 25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year. If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs. You get total compensation of Rs.1 Crore Rs.20 lakhs. 2)can I ask for a property? Ans: You have no right over property but its notional income may be added to the salary .

Advocate Kishan Dutt Kalaskar LawRato

655 votes

Hi..to get divorce there is no nececity of getting marriage registered it is left to the parties to the marriage whether marriage should be registered or not .If you have a marriage card then it is enough to file divorce petition. Thank you

Advocate Rama Chandra Shenoy LawRato

821 votes

Non registration of marriage is not a ground to disprove the marriage. You can prove your marriage with him, as he lived with you as husband and consumated with you and had children. These are enough proof to show rhe marriahe between you both.

Advocate Sandeep Hegde LawRato

738 votes

Dear Madam, Registration of marriage is not mandatory to file divorce petition, any documents like wedding card, marriage photos and other any documents which shows your relationship those documents are very much enough to file divorce petition before court.

Advocate Shashikumar K LawRato