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Is one year of separation mandatory for divorce?
22-Apr-2023 (In Divorce Law)
Arranged mrrg of 5yrs. 1 child. Husband lied about earnings and now unable to take financial responsibility. I have a job. Is it necessary to stay separate for 1year to file divorce? Will I get any compensation for me and child? How much fees I need to pay to file a divorce case? Currently I have only one income from job which I may have to leave for child care+divorce case.
Dear Madam,
For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.
For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.
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Adv. Shashikumar K
Bangalore | 200+ Answers
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Can court reject mutual divorce?
Karnataka High Court: Family Court cannot deny relief to spouses who are living together under the same roof in divorce cases based on mutual agreement. 15-Jun-2023
How many years separation to be automatically divorced in India?
In India, there is no such thing as an automatic divorce. Even if a couple has lived apart for two years or longer, divorce is only possible through the court. In India, the only way to get an automatic divorce is when the marriage has been annulled. If the marriage is declared null and voided. 17-Jun-2023
Is it necessary to stay separate in mutual divorce?
Both spouses have to agree on the divorce, and they must both have lived separately for at least 6 months. After the divorce has been finalized, there are restrictions as to what can be done. For example, the couple cannot have contact and they cannot share property.
What is the new rule of mutual divorce?
In India 2023, mutual divorce is a simplified procedure where both parties agree on ending the marriage amiably. Couples must jointly file a mutual divorce petition, which states their separation decision. If the court approves, divorce is granted.
Hi. .not necessary to stay separately from u r husband to file divorce but in the petition you have to show there is one year of separation between both.Yes you and your kid have a right to get the maintenance.
Thank you
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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Dear Madam,
There is no need to wait for 1 year to file divorce petition. You can file divorce case on the ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act and also entitled for alimony on the following formula.
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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 .
There is no need to wait for 1 year to file divorce petition. You can file divorce case on the ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act and also entitled for alimony on the following formula.
=========================================================================
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 .
Helpful?
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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The couple must already have lived separately for a full year before filing the mutual divorce petition. The court is not concerned with the reasons why a couple has lived apart. You can meet the criteria by living in separate houses or having separate residences for more than a year.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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