Karishma Pandit | Legistify

Karishma Pandit
Answered on 27 Mar 2020

It is evident that there is no formula determined to calculate the alimony under Indian laws. In most of the cases, the alimony has been fixed by the court at 1/3rd or 1/4th of the spouse's incomeRead More

Posted on 23 Mar 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 22 Mar 2020

The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount: The position and status of the husband and wife, Whether the wife has an actual claim for maintenance. If the wife is living separately, whether the reason to do so is justified. The wife’s total property and income. The husband’s total property, income generated from this property, and his other income. The total number dependents and their expenses borne by the husband. The personal expenses of the husband. Read More

Posted on 10 Feb 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 02 Mar 2020

Your daughter can file a contested divorce petition along with a maintenance petition against her husband to claim maintenance for herself and her child. I advise her to consult a good divorce lawyer in India.Read More

Posted on 04 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

You need to file an execution petition with the same court to get your alimony decree executed. The court will send the husband a legal notice through the Consulate in Dubai.Read More

Posted on 07 Aug 2019 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 31 Dec 2019

It is very rare in a judicial proceeding for divorce that alimony and maintenance is not provided to the wife when she is unemployed. If you do not have done anything illegal, you would not be going to jail.Read More

Posted on 30 Dec 2019 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 30 Dec 2019

Any financial action by you is on based on your ex-wife's approval and then eventually the court's discretion. Consult an attorney in the UK for this.Read More

Posted on 16 Jul 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 16 Dec 2019

After divorce, either of the spouses has the right to claim alimony. Though not an absolute right, it can be granted by the court depending upon the circumstances and financial conditions of both the spouses. The following are the conditions depending on which alimony is awarded by the court. Alimony is generally not granted to the seeking spouse if he or she is already receiving support during the time of divorce. Although the rewarding of alimony can be revised in such events based on the arguments for claiming the support. In case of a contested divorce, often spouses fail to come to any understanding regarding alimony. In such situations, the court takes up the task of making a decision on the amount of alimony to be paid. Only under certain compelling situations the court steps out to change the already framed alimony. Sometimes the court might even hand over the burden of paying for the maintenance to a public body. Read More

Posted on 16 Dec 2019 | 1 Answer

Advocate Rajeev Srivastava | Legistify

Advocate Rajeev Srivastava
Answered on 15 Dec 2019

You have already filed a petition against your wife for divorce on grounds mentioned in section 13 of Hindu Marriage Act which proceeded ex-party against your wife. Now your wife returns and lives with you on weekends. You have already mentioned that your wife is having employment and settled in another city. When your wife is doing a job and able to maintain herself then you should not worry for any maintenance if you are having proof of the employment of your wife.Read More

Posted on 13 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 12 Dec 2019

In this case, you don't have any right to get the divorce and no right to get the maintenance. However, if he has any property and any ancestor property in India, you can claim that property and reside in that property.Read More

Posted on 11 Dec 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 10 Dec 2019

Custody of a child only implies as to whom the child will physically reside. Both parents continue to be natural guardians. The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not. Consult a good divorce lawyer in India to know the process of child custody, maintenance ansd divorce as per your case.Read More

Posted on 07 Dec 2019 | 1 Answer