Divorce maintenance: need urgent help

Employee

Dear Members,

Wife has filed maintenance case as well as interim maintenance case to get money.

While husband is earning 40,000 per month and wife earning 10,000 per month shes asking for 35,000 per month as both interim maintenance and permanent maintenace.

What I would like to know is what is the maintenance she can claim as she is working wife. Also, what money can she claim as permanent alimony apart from maintenance. She is asking for 30 lakhs as permanent alimony.

The father of husband was hospitalised on egtting divorce petition and seeing the amount.

What I want to know is how much maintenance and permanent alimony will be given to her by court and will she be eligible for interim maintenance.

Need relevant answers as soon as possible to manage the money as divorce lawyer has taken 50,000 advance.

 

 

 
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Lawyer/Fight for justice

She is independent earning women, therefore she is not entitle for monetary order, but there is huge difference between husband earning and her earning, so I think she get the benefit of same standard of living or equal standard of living.

 I think she gets 10,000/- as interim maintenance subject to evidence adduce by parties. It is very premature stage to go at such conclusion. If she proves your income and other things, then only it is possible.

 
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Employee

What I would like to know is that apart from the interim maintenance is the wife eliglble for any permanent alimony.

I repeat my information here. If husband is earning 40000 and wife is earning 10000, then apart from interim maintenace of say 10000 per month, is she eligible for permanent alimony of 30 lakhs also. Isnt this too much for such a person with this kind of salary. 

Would like to know from other members also their view on maintenance and alimony given this situation.

 
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Lawyer/Fight for justice

All depends on evidence adduce before the court by both parties.

 
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permanent alimony is nothing but a final settlement after agreeing to cooperate with divorce petition and you have to compromise what you want to pay to her to settle the issue to come to terms and end the issue as early as possible and if not you want to fight without giving anything to her you can but how long it will take cannot tell

about maintenance you have to show the court that she is also well educated and is earning a handful of salary and if you have any loans etc., you can show them to the court and also medical expenditure such things will give some advantage to the case. interim maintenance is paid till the maintenance case is decided 

 
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Practicing Advocate

As per the given facts 30 lakhs for parmanant alimony is exhorbitant and the court will not grant the same. However, as the husband's salary is 4 times the salary of the wife, then possibility she may be granted some amount depending upon the evidence on record, but not 30 lakhs for sure.

 
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