unlucky man 16 October 2015
We were mutually separated in April 2014 and in July 2015 she has started thinking of claiming alimony / maintenance. She agreed in front of the judge about having no claim at all but now she has changed her mind. Even in that mutual case paper she signed, she had declared that she doesn't want any alimony.
My question is I am working for an IT company, how much money she is entitled to? She is a Commerce Graduate (35 years old) and has been sitting at home only.
advocatepassy@gmail.com 971794 (Advocate) 16 October 2015
If she is not working, you can reasonably presume that she can get anything upto 30-35% of your take home salary as alimony. But alimony comes with clauses like till remarriage or gainfully employed etc.
Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 16 October 2015
Sir,
She is bound by her agreement and therefore she should not be allowed to be given any alimony.
Warm Regards
Kapil Chandna Advocate
9899011450
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 16 October 2015
Fortunately and unfortunately, she can still file for alimony. Regardless of whether there is an agreement with regard to maintenance or not, such agreement can not take away her statutory right to seek maintenance from the husband.
If she files any application for maintenance/ alimony, you would have to contest it.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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