How to initiate divorce and get alimony

I am married to a Hindu army officer.i have 8yr old daughter who is addoptted from other relatives. My husband is alcoholic &abusive. I want to file for divorceby mutual consent. I am a simple science graduate. Will I get any maintainace /alimony from my husband..If yes then how much am I entitled. His monthly income is 1lakh.

Answers (5)

292 votes

The child is with you since her relatives believed in u. Take care of child. whenever he starts fight, take child with u and leave home. you can file case for maintenance u/s 125 an 24. For detailed process, you need to consult your nearest counsel personally.

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90 votes

Mutual divorce can be filed only if both the parties are agreed to divorce and in that situation a written compromise is required, stating all the terms including any maintenance or permanent alimony as agreed between you both..
Otherwise if both are not agreed to any amicable settlement, divorce can be filed against other, then certainly during its pendency you can seek maintenance for yourself and your daughter. The quantum of maintenance would be decided by court. It may go upto half of your husband 's income depending upon various factors.

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276 votes

If your husband is agree then only you may file mutual divorce otherwise you have to file contested divorce on the ground of cruelty. Rest of regarding alimony it depends upon you status and your husband as well as his salary. Regarding the maintencae then you may get approx 35000 to 45000 per month

289 votes

You can file foR divoRce by mutual consent undeR section 13 B of Hindu MaRRiage Act & u can claim peRmanent alimony u/s 25 & inteRim maintenance u/s 24 of Hindu MaRRiage Act. U aRe entitled foR both the Remedies, the amount of maintenance & alimony depends on the income & pRopeRties of uR husband, accoRding to me as u told me his income it can be up to 25 lacs oR upwaRd

158 votes

While filing for divorce you are entitled to maintenance for youself and the child too. However, permanent alimony can be worked out. For better opinion more details on the case are required. The issue can be settled.

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