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Maintenance and alimony when no fixed income
08-Jul-2023 (In Divorce Law)
My husband is a developer and doesn't have a fixed income.He hasn't filed his ITR in 10+ years.I'm a housewife and am seeking a divorce.He has 3 properties and mutual funds and shares worth 5-6 crores.What can I expect after a divorce financially.Also is one time settlement possible in this case.He has no loans in his name and his parents are no longer alive.We have been married 18 years and have a 16 year old son.
The wife is eligible to take custody of her child(ren), receive maintenance and alimony from her husband and exercise certain claims over her husband’s property in exceptional cases.
The wife has sole claims to her stridhan received at the time of marriage.
All assets are divided on the basis of individual equity, if it is not a contested divorce.
The wife can claim property of the husband only if it is jointly owned at the time of divorce.
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Adv. Kunal Seth
Delhi | 700+ Answers
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Yes One time settlement can be possible. On the alternative you may seek monthly maintenance for yourself and your Son. Court will consider the evidence produced by you with regard to his income be it be mutual funds, shares, bank accounts and assets he possessed. Before you go for divorce we advise you to seek a detailed consultancy from a lawyer to formulate a strategy since lot of homework needs to be done before filing
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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If your problems are uncontrollable then I would suggest you to go for the mutual divorce because it is less money consuming and ends up in maximum of six months. And as far as the alimony is concerned it’s better to go for a settlement deed and decide on one time. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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In your case, we need more facts that is there any kind of cruelty or harassment by husband or any kind of physical or mental torture …if you have these kinds of ingredients in your case, then u can move your complain to the concerned police station under section 498 a followed by domestic violence case in which you can ask for certain relief and then you can talk to your husband regarding divorce …this is the best way according to me and I need more facts on your case so please be in touch thank you
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Adv. D. Khan
Delhi | 1000+ Answers
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file all proof of his income as u have stated above and you can get maintaince.... also one time settlement is possible where you can get lumsump amount as settlement . also if you have ur son custody you can maintaonce for him also
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Adv. Rohit Manan
Delhi | 100+ Answers
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