Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Poojadsr   14 July 2015

What would be the fair alimony i should ask my husband?

I am married to my husband for 6 years. For first 2 years n marriage, I was working after which because of fights between us, I got upset and lost job. I have tried to get back to my career and managed to set up a small freelance business that earns me in range of 10,000 to 30,000 per month. My earning depends on my capacity to deliver. We have a 2 year old son and have now decided to take divorce. We are living in a rented apartment in Mumbai paying 21k rent. My husband gets 1 lakh and 5 thousand of his salary per month. We both are BE and MBA graduates. I am 32 years old and my husband is 34. What would be the fair amount I can ask him? i case of monthly maintenance and in case of lump sum? If I take monthly maintenance and get a job within a few months then can he apply for a revise? I am going to take custody of my child. Will I face any binding on doing job or not in the case? regarding property, he does not own one specifically but his parents own a bungalow in other city. he also has a car loan where he has to pay around 16500 every month. Other than that he has FDs and his parents have also done one FD for me. 
Grounds of divorce are mental torture that he gives me by being abusive and his affair (the girl didn't say yes but he proposed the girl and if they have intimate relationships or not, I don't know. I have their whatsapp chats for past one year. Will they serve as a solid proof?) 
I have also registered three complaints against him in police:
1. He hits me after drinking and threatens to kill
2. When society was fighting with me for house, he did not support me 
3. I have a doubt that he has an affair and that we do not have any relation for 3 years (after I got pregnant)

I think, I have mentioned all considerations that were mentioned on this platform while discussing divorce and alimony matters but is there any other factor that is counted while doing alimony calculations? Please suggest what should be the fair amount that I should ask from him.



Learning

 7 Replies

Anand   15 July 2015

Hi Poojadsr, in light of the trauma your husband has caused and given 6 years is a fairly long time in Indian marriage and you have had a child. I don't think you can touch his parents' money or assets but I would like to think 50% of assets (the savings he has after deducting loans) which are in his name is fair and I would ask yourself what do you think is a fair amount for child support and the torture he has caused? Given you're renting, I would say he should be paying an extra 30,000 rs per month from his wages to support the two of you, especially given you lost a good job due to the fights. He needs to pay up and take responsibility. You can negotiate to lower this figure or stop payments if/when you decide to marry again or something happens to his earnings.

That's my two cents.

 

Born Fighter (xxx)     17 July 2015

Madam, you both are equally/highly  qualified (BE + MBA)and its evident you left a better paying job and taken up a freelance assignment (lesser earning). 

Why dont you concentrate on your career and stand on your feet yourself. For your son you can claim maintenance from your husband. However when both spouses are working both have to take responsibility for maintaining the child.

What if your husband  leaves his high paying job and become jobless, in that case you can imagine what you will get. Close the chapter with dignity and go for MCD and rebuild your future rather than going into litigation whaich will eat away 3-7yrs of your precious life.

BoomJosh   17 July 2015

Hi,

I would recommend go for a divorce by mutual consent. Not worth wasting precious prime years of your life. As for the maintenance ask him to own up 50% for the child's upbringing. Fortunately you are educated and can make as much money as your estranged husband, if I was you I would not do ask for anything when I am equally qualified and keep my self-respect.

Hope you get out of this mess and start a wonderful joyous life and find a new partner with whom you are more compatible.

Thanks

Poojadsr   18 July 2015

In case I did not mention the reason I want a divorce despite having a love marriage and being a woman who loved him more than her life. If this would be counted...1. He wanted to separate 2. He cheated on me 3. He had been torturing me mentally since past 1-2 years 4. We had no husband wife relationship for past 3 years because he says he no more finds me interesting 5. He says he doesn't trust me and thus refuses to give me money when I am in need and I have to take help from my relatives or friends. 6. He says his money is only his and doesn't give me any even for buying toys for kids 7. He abuses me all the time even before my juniors or friends 8. He comes late every night anytime up to even 4 am and says that I do not have any right to ask him questions and he is free to so anything he wants. 9. He doesn't like taking to me and says that I should keep my mouth shut if I want to stay with him. 10. He doesn't allow me to take up a job because he thinks my son is my responsibility and that is the reason I am continuing work from home 11. He claims that it is his house where I am staying so he can throw mr anytime and has even tried that once when I had to call police so that he doesn't push me out of the house.. There are more reasons but may be these were more appropriate considering husband wife relationship

Poojadsr   18 July 2015

In case I did not mention the reason I want a divorce despite having a love marriage and being a woman who loved him more than her life. If this would be counted...1. He wanted to separate 2. He cheated on me 3. He had been torturing me mentally since past 1-2 years 4. We had no husband wife relationship for past 3 years because he says he no more finds me interesting 5. He says he doesn't trust me and thus refuses to give me money when I am in need and I have to take help from my relatives or friends. 6. He says his money is only his and doesn't give me any even for buying toys for kids 7. He abuses me all the time even before my juniors or friends 8. He comes late every night anytime up to even 4 am and says that I do not have any right to ask him questions and he is free to so anything he wants. 9. He doesn't like taking to me and says that I should keep my mouth shut if I want to stay with him. 10. He doesn't allow me to take up a job because he thinks my son is my responsibility and that is the reason I am continuing work from home 11. He claims that it is his house where I am staying so he can throw mr anytime and has even tried that once when I had to call police so that he doesn't push me out of the house.. There are more reasons but may be these were more appropriate considering husband wife relationship

Born Fighter (xxx)     20 July 2015

Whatever your reasons for divorce are, they are your reasons. Your husband might have a different story .... im not discouraging you but the fact remains that you are B.E+MBA and have potential to earn as good as your husband.

If you want to waste 5-7yrs of your life fighting divorce case then you can try your luck by harrassing your husband to give you more money. But even the court will not support as you as you can maintain yourself and question will be of your childs maintenance.

I suggest ask for one time alimony for your childs future and close the case and live life afresh

Mikey   01 August 2015

Born fighter's suggestion is respectable.thnx


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register