Financial status Fraud in marriage

546 votes

Hi...you can file for divorce on the ground of cheating and you can also claim for maintenance from your husband. If both are ready for divorce then you can get divorce with in six months of filing it and if your husband is not agreeing then you have to file contested divorce but it will take more time. Thank you

Advocate Rama Chandra Shenoy LawRato

979 votes

Dear Madam, You can file divorce on the ground of financial cruelty under Section 13(1)(ia) of Hindu Marriage Act. You will be entitled for following alimony. ====================================================================== 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