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Q. Divorce

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Anonymous

posted 3 weeks ago

Me (30 years old) and my husband (32) both working in nationalized bank.i want divorce with him.i have 2 daughters.3 years old nd 4 months old.there is one property in name of my husband which we purchased after marriage from our own fund.please advise the benifits after divorce to me and my daughters.
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A. Dear client
1.You are entitled to get 50%Share of your husband ancestral and self earned property.
2.Your daughter Custody go to your favour, mother is natural and first guardians
3.Both daughters get maintenance from father until they get age of 18.

Mutual divorce filled U/s13b

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 2 weeks ago

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A. You can seek divorce on the grounds of cruelty or mutual consent as convenient to you. you can seek permanent alimony by taking into consideration expenses of your children from date of filing of the divorce petition till they attain majority.

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Nirmal Chopra

Experience: 20 Year(s)

Responded 3 weeks ago

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A. Dear madam,
The husband must share 50% of educational expenses of your daughters. You will get alimony as per following formula of SC.
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 .
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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. U should file divorce by mutual consent. U will get divorce in just six months. Or settlement must be required for children future .

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 weeks ago

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Anonymous

Replied 3 weeks ago

As I am working, will I get the property that we purchased.nd if both kids will live with me.then Will I get any monthly benefit from my husband.as I am living in rented house.i have no bank deposit,no property and no one's support.then it will be very difficult for me to grow up my daughters.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 3 weeks ago

U can file maintenance suit. Or children coustody suit. Claim for share in property.

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