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How is alimony calculated if husband files for divorce ?
10-Mar-2023 (In Divorce Law)
Can a working woman claim for alimony when her husband files a divorce case against her? If so, what are the keypoints to calculate the amount . Is there any salary limit above which a wife can't claim alimony?
As per Section 125 CrPC, the wife has to show that She is not capable to maintain herself and also the husband doesn't take care of her then she is entitled to get maintenance. However, no ceiling of income is there which entitles or disentirles the wife to get maintenance. However, under the DV Act and Section 24 of HM Act she is entitled to maintenance pending the litigation. Though there is no straight jacket formula, as per various judgments of Supreme Court, she is entitled to get 1/5th sometimes 1/3rd of the salary of the husband. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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Maintenance is fixed by the court depends on the income of husband , income of wife, age of wife etc.
If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependants or if her income is not sufficient to support the lifestyle she enjoyed while married.
If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependants or if her income is not sufficient to support the lifestyle she enjoyed while married.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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