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How much maintenance I can claim
10-Jul-2023 (In Divorce Law)
I am 40 year old women with 2 girl child, (12 and 15 yr) living in Delhi. My husband left home in July 2012 without any argument and strated living with his friends. After 4-5 month he went to USA and settled their. His average salary is around 8500000 per year but he is only sending us 23000 pm for monthly expenses, I have a doubt that he has relationship with someone. He asked me for divorce and I also want the same. I am not working and my mom and dad is taking care of us from last 10 year. Now when both of us has agreed to divorce please let me know that how much maintenance I can claim for me and my daughter. His salary is 8500000 pa plus he has a paternal property worth rs 3 cr on his name.Please help.
If you are planning for a mutual divorce then a settlement deed will be drafted which will be signed by both of you. And in this settlement deed since all is mutual then the lump sum alimony can be decided by you. Maintenance is claimed through court in contested divorce. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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There is no straight jacket formula for calculating the amount of maintenance. It depends upon the standard of lifestyle your husband is living and the resources he has. You can claim as per your need and right. Also if it’s mutual divorce, amount can be decided amicably. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Adv. Bhawana Pandey
Delhi | 1000+ Answers
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If you can show his income as to what you are claiming in court ... you can get handsome maintaimce from him for your self and your two children....a detailed affidavit of income and expenditure is filed in court if in that you can show with proof his income to be that much .. u will get handsome amount
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Adv. Rohit Manan
Adv. Rohit Manan
Delhi | 100+ Answers
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As per Section 125(l) (a) of the Criminal Procedure Code , if any person having adequate resources neglects or refuses to maintain his wife who’s unable to maintain herself, then a Magistrate of the first class upon proof, can order such person to make a fixed monthly allowance for the maintenance of his ex-wife.
The maintenance has to be determined in accordance to the living standards of the person concerned which she enjoyed at the place of her husband.
The Supreme Court has set a bench of 25% of the husband’s net salary to be paid as alimony to the estranged wife. The Court said 25% is a “just and proper” amount for alimony as husband might have to take care of the needs of his family, if he has remarried.
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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Hi. If you are willing to file mutual divorce proceedings then a one time alimony can be mutually decided between the parties during the filing of the case. However if you wish to get continuous maintenance then it might be a little more complicated. Kindly contact for a detailed discussion.
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Adv. Akanksha Choudhary
Adv. Akanksha Choudhary
Bangalore / Bengaluru | 5+ Answers
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If your husband has gone to US so there would be more troublesome for you because bringing back him to India would be a complicated situation ….so if he's sending you whatever amount just do not argue on this at the moment ….if you are willing to take divorce then you have to look forward for a permanent house for yourself, do not see what he has …you have to see what you want for your children…their education …their marriage and the house …so ask him what kind of alimony can he offer you …if not that you have to take a proper consultation regarding the same thank you ..b in touch
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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