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Shalini   08 December 2018

Alimony and divorce

Would like to get divorced from my husband? Have a 1yr old. Working as s/w England. Will I be eligible for alimony ? I will not be able to support myself and my kid with my salary and would like to know before I go ahead and file for divorce


 4 Replies

Dr J C Vashista (Lawyer)     08 December 2018

What are the compelling circumstances for deciding to part ways with your husband ? Does the baby not require love and affection of father ? Who shall be maintaining the baby, if divorce is finalised ?

If you have decided so, why do you need financial support from him ?

Alimony depend upon various factors e.g., financial status of your husband, your income from all sources, bargaining power of the parties, requirement of party applying for divorce, etc. etc.

Seek intervention/ help of elders/ relatives / friends / counsellor for taking final decision.

1 Like

Suri.Sravan Kumar (senior)     08 December 2018

Pl remove the word Divorce from your mind. Take counselling and try to solve the issue peacefully keping in your mind about the welfare of your kid.

1 Like

Vijay Raj Mahajan (Advocate)     08 December 2018

If you have decided to get your marriage dissolved, the best course for both of you to first workot issues relating the child custody, chils visitation and child maintenance; issues relating to joint bank accounts, property both movable and immovable, return of Istridhan to wife etc; issue rlating to permanent alimony and maintenance for either of the spouse from the other.

There should be proper mediation and concilatory process between both parties where an amicable agreement for the above mentioned issues to be resolved befor moving the Family Court for the dissolution of marriage by mutual consent by both parties. The divorce cases are delayed just because the related issues as mentioned above are not resolved amicably by the parties and no common agreement reached that causes unnecessary litigation between both, duly advised by their counsels/lawyers.

Siddharth Srivastava (Advocate)     08 December 2018

yes. if your income is not sufficient to maintain yourself and child then you are entitled for maintenance, permanent alimony and also litigation expenses. you income shall also be counted while deciding maintenance.

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