Maintenance and Divorce Laws In India This is an article by Sumanth in Desicritics.org. Here is the link: Maintenance and Divorce Laws In India Text is given below: Disclaimer: This article is not from an expert in Judicial matters. So, the author or Desicritics takes no responsibility whatsoever for any consequences arising out of following the procedures explained here. ———————————– As I keep talking with many of my friends on the issue of divorce, child custody and alimony, I was shocked to find that most of them have absolutely no knowledge about the laws related to marriage and the court procedures. Many think divorce is just a cake walk and others think the woman gets 50% of the guy’s salary or even property if the couple have a divorce. In India, family courts can pass an interim order on maintenance to a spouse when s/he is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance. Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce. The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. For example, if the husband has a take home income of one lac per month and the wife has a take home income of twenty thousand and they have no children in a marriage of 2 years, then the wife can theoretically get Rs.4000 as maintenance. How? The total take home income is one lac and twenty thousand and twenty percent of it comes to Rs.24,000. So, the woman gets Rs.4000 per month, so that her total income (her income+maintenance) becomes Rs.24,000. If the couple have a child and the woman has the child custody, then she may get a maintenance amount of Rs.10,000 to Rs.16,000 per month so that her total income becomes Rs.30,000 to Rs.36,000 per month. Apart from that there can also be a judicial order defining the details on how the expenses for high studies of the child are shared. If the child decides to stay with the father after the age of 5, then the maintenance amount to the woman gets reduced accordingly. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. Similarly in a marriage of six months, if the wife is not working, but she has a masters degree and the husband has a monthly take home income of rupees one lac, then she may get a maintenance amount between Rs.8,000 to Rs.12,000 per month. Why? Because the argument would be that she has the capability to work and support herself. Sometimes, the wife is also ordered to pay maintenace to the husband when the husband has a very small or no income compared to his wife’s income. In recent past, such orders are passed by high courts in Cuttack and Lucknow much to the annoyance of some feminists and media. But, laws have to be the same irrespective of gender. Is not it? So, economically empowered women do not get maintenance or they may even have to pay maintenace to their husbands in case of divorce. The maintance amount can get higher if its a long marriage. The parents can also claim maintenace from their grown up earning children. Even though, it is not clear, if they can claim maintenance from their earning daughters as today daughters have equal property inheritance rights. It must be noted th
Posted on: Thu, 14 Aug 2014 16:30:39 +0000
Trending Topics
© 2015