Interim maintenance
2 months ago
My friend and wife separated for 3 year. He plan to file rcr. He is working in abroad. He is earning 1.2 lakhs per month. Wife with 2 kids(2&4years).if he go court, how much he needs to pay interim maintenance and how long and if wife file divorce how much alimony need to pay
A.Dear Client,
Under Section 13(1)(ib) of the Hindu Marriage Act, a spouse deserted for two continuous years can file a divorce petition. If a wife successfully files for divorce on desertion grounds, the husband typically bears the financial responsibility. Alimony, whether monthly or as a lump sum, lacks a fixed rule but can be one-fifth or one-third of the spouse's net worth. The Supreme Court suggests 25% of the husband's monthly earnings for monthly alimony. For child custody, if under 5, it usually goes to the mother under the Hindu Minority and Guardianship Act, unless deemed unfit. Consult an advocate for specific guidance.
Under Section 13(1)(ib) of the Hindu Marriage Act, a spouse deserted for two continuous years can file a divorce petition. If a wife successfully files for divorce on desertion grounds, the husband typically bears the financial responsibility. Alimony, whether monthly or as a lump sum, lacks a fixed rule but can be one-fifth or one-third of the spouse's net worth. The Supreme Court suggests 25% of the husband's monthly earnings for monthly alimony. For child custody, if under 5, it usually goes to the mother under the Hindu Minority and Guardianship Act, unless deemed unfit. Consult an advocate for specific guidance.
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A.Dear Client,
According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a divorce petition. If the wife files a divorce petition on the grounds of desertion seeking maintenance/alimony and wins, then in most cases of divorce, it is the husband who has to pay financial support to his divorced wife. There is no set pattern or hard and fast principle for calculating the amount of alimony that the husband must pay to his wife. Alimony can be paid on a regular or monthly basis, or as a one-time compensation in the form of a lump sum. As regards the quantum of alimony in divorce cases, there is no setup rule for paying the one-time amount of alimony. However, the court can grant one-fifth or one-third of the husband's or wife's net worth as alimony. Under divorce alimony rules no lump-sum settlement benchmark exists. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. As regards child custody, if the child is below 5 years, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. Reach out to an Advocate for further guidance and steps.
According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a divorce petition. If the wife files a divorce petition on the grounds of desertion seeking maintenance/alimony and wins, then in most cases of divorce, it is the husband who has to pay financial support to his divorced wife. There is no set pattern or hard and fast principle for calculating the amount of alimony that the husband must pay to his wife. Alimony can be paid on a regular or monthly basis, or as a one-time compensation in the form of a lump sum. As regards the quantum of alimony in divorce cases, there is no setup rule for paying the one-time amount of alimony. However, the court can grant one-fifth or one-third of the husband's or wife's net worth as alimony. Under divorce alimony rules no lump-sum settlement benchmark exists. The Supreme Court of India, in one of its judgments, stated this 25% is the benchmark amount and is also just and proper. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. As regards child custody, if the child is below 5 years, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. Reach out to an Advocate for further guidance and steps.
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A.Dear Client,
Restitution of conjugal rights must be filed within one year of separation and also must be filed before dissolution of marriage.
Thanks
Restitution of conjugal rights must be filed within one year of separation and also must be filed before dissolution of marriage.
Thanks
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