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VJVJVJVJVJ (Professional)     13 September 2010

Maintenance in Divorce

X is getting divorced. He has purchased a flat out of his salary earnings, which is not known to his wife. when his divorce matter comes to court, will his wife gets share in the flat which he acquired exclusively out of his salary earnings. further if the court awards maintence, what portion of his salary will be payable to her. Is it based on his gross salary or on net salary (after removing all his EMI, outside loans and his personal expenditures). Please share your views.



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 11 Replies

CommonMann (Software Professional)     13 September 2010

Maintenance is calculated based on net salary. And I think she cannot claim share in your flat.

Adv Archana Deshmukh (Practicing Advocate)     13 September 2010

No, she cannot claim any share in the husband's property, her rights her limited only upto claiming maintainance / alimony.


(Guest)

She can claim maintenance irrespective of her assets and income?

Are not ss..24 and 25 HMA are gender neutral?

Adv Archana Deshmukh (Practicing Advocate)     13 September 2010

A wife cannot lay claim on her husband's flat, at the most she can only claim maintainance from her husband. If the wife is earning sufficient to maintain herself as per the standard of living which she was having at her husband's home then she won't be granted maintainance. S.24 and 25 are applicable to both husband and wife. 


(Guest)

consideration of "standard of living"while awarding maintenance.Where is legislation?

If President of india or a Governer divorces his/her spouse as nelson Mandela can he/she give equal status to him/her/ Is not absurd device of judiciary?

Vinoba (Advocate)     14 September 2010

Hello,

I go by Adv. Archana.

L. Vinoba.

Advocate

Pondicherry.

arun joshi (advocate)     15 September 2010

wife can not claim partition in husbands property in divorce, when he is alive, she can claim maintanance as per her standards and also  as per  husbands incom and his expenditure and other dependants.


(Guest)

@arrunn joshiadvocate

"as per her standards"

Where is the legislation ?

arun joshi (advocate)     17 September 2010

no need to go to legislation , one will get maintanance as per standards of both husband and wife,

Manoj Warrier (Divisional Manager)     17 September 2010

Dear Sir/ Mam,

I am Manoj Warrier residing in Salem (TN) and working . I got married last year in the month of July-09. Mi have filed a divorce in the month of May-10 in salem. Now what has happened is they have filed a 498-a as well as crpc125 . Now Crpc -125 , the court has given an ex-parte favouring my wife. I have not recd any docs pertaining to this case ( crpc-125) . Now could you please advice how am i supposed to get rid of this crpc-125. They have furnised all wrong comments regarding my sal to the court  saying i get 80000.00 a month as my sal , but it is wrong and i can prove it to the.

Now exparte can be given only if i do not attend the hearing for atlest 2 times rite. Now if the exparte is favoring her then they have cheated the court by forging my signatures since i have not recd any doc regarding the same. Please advice.. its really urgent.

Regards

Manoj Warrier

Salem

arun joshi (advocate)     18 September 2010

you apper through advocate, or in person file objections to ex party order, show your business details and tax returns which can show your actual incom,also show your personal expinduture and dependants,and request court to revoke order, and also file criminal complaint for forgery.


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