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Renuka Gupata (none)     27 June 2010

maintenance

Hi

I am a freelance consultant. Started consulting very late in my life when I was around 44 years old. Though since then consulting has been  happening, in  between a year there was no assignment. Then again I got a 46 days assignment in an UN agency  stretched over several months. But after this is over again I am not sure when I will get another assignment. Meanwhile my husband has filed a divorce petition and says that  I am gainfully employed and have sufficient means of living. I have unsure/irregular  income and I also suffer from diabetes. My daughter lives with me--she is 15 years old. Since last month he has stopped depositing the money he used to send for us. 

The divorce is filed under Hindu marriage act. 

Keeping in view my age--I am 48 years now with a 20 year old marriage, my health status and irregular income, how much maintenance can I expect? My husband works in a multi national company. Though he never revealed his salary, my guess is that it is quite high. He holds a high post there. 

How much maintenance my daughter can get?

Please give your valuable opinion.

Thanks,

Renuka Gupta.



Learning

 9 Replies

Pranjal Srivastava (Lawyer)     27 June 2010

Renuka Ji

Ask the company in which your husband works for his salary slips . If they are not providing you   go through RTI 

you can get approx 1/3 of his salary subject to how many family members are dependent on your husband ei. her mother you and your daughter etc. 

adv. rajeev ( rajoo ) (practicing advocate)     27 June 2010

I do agree with Pranjal.  Even you can call the details of the salary from your husband's office, you can also attach his salary and also you can seek interrium maintenance.
 

Renuka Gupta ( Gender Researcher )     27 June 2010

Thank you both.

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 June 2010

at a minimum of one - third of your husband's income ( not only salary but also from any other income , eg: rents from houses , shares )

Amount may increase as to your standard requirements.

Your daughter can claim for her educational expenses and food, clothing and shelter.

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 June 2010

your husband can defend your case but the weak point is he can not prove your income. File an application for interim maintenance and also for litigation purposes


(Guest)

1. Working for Agency like UN means tax free income and UN remunerations are not partly mind it however be it so on freelance basis is not the case here and when you mention you had freelance income for several months then the burden shifts on you to prove your take home income and freelance word is diagonaly equal to "incapacitation when cases between husband and wife" going on as inference drawn at Bar which a good family court divorce lawyer of his side may allege before the Bar.


2. For his networth other Ld. members have given valuable suggestions. For child he is liable till she turns 18 years + she gets a job + she remains unamrried so he can't escape those responsibilites towards his own daughter so half of yoru worries are written off right now :-).


3. Depending upon yoru freelance income and his MNC income and length of divorce cases that goes on and on in Indian Matrimonial Court even if there are differences between two adults, my neutral take would be for you two to have a open talk with him on "resonability" of all these acts at such belated stage (I mean both couples age) in life, keeping in view a grown up daughter in -between and I am hopeful that after what happened between you two he may come to natural resonable happy ending if adduced nicely to a man.


Also these depends on how and where and by whom resonable talks are conducted and for rest you all as adults know how long and short matrimonial suits are for and what one gets out of it being educated and in high positions in respective career wise such as these presented briefs.


All the best
Rgds

1 Like

Madhan (engineer)     01 July 2010

does a private firm provide salary details thro RTI or other means when a partner request for salary details.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 July 2010

For a private firm, RTI Act will not be applicable

Renuka Gupta ( Gender Researcher )     04 July 2010

For D Arun Kumar: Thank you. However, Income is tax free only for UN officials and not for those who consult on short term agreement. The consulting is not for months together, but these 46 days can be covered over a period of 1 year at no cost extension....


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