I want to know the law in India, what if the their are children? Does it makes a difference if you were married for a month or a year?
I hope my fiancee dont see this question, otherwise i am in trouble.
2006-12-13 13:06:29 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
In India legal position regarding alimony on getting divorce is depending on various factors , such as your income, basic monitory necessity of the divorced wife, number of kids which remain in her custody & their basic neccessities, even if divorced wife has income of her she can claim alomony if her basic needs are not fulfilled through her own income but courts dont allow extra ordinary expenditures she may be looking forward. Usually the total alomony amount is settled between the parties in the court which court gives its approval. There is no fixed amount in the india statues for alimony during divorce however if there is no divorce the wife can claim monthly maitenace during the pendency of divorce proceedings such are also depandent on the factors mentioned above & such amount is paid on monthly basis. The amount of alomony does not depands on the period of mariage between the parties whether a month or a year.
2006-12-13 17:19:33 · answer #1 · answered by bisexualmale s 6 · 0⤊ 0⤋
I hope you are not an Indian. If you were you would not have asked this question.Any way here it is.
1. whether you are married for a day or years is not a matter. you are married to her, thats all.
2. If it is a mutual consent divorce. there will not be much trouble. you will have to wait for a stipulated period.
3.if you have children and if both seeks position of the child the court will decide. normally the female child is given custody to the mother.
4.if it is a divorce filled by you you will have to give her a maintanance. it depends on your earnings and what she demands. when there is no consensus the court will decide.
5. your divorce will not deprive your children of any legal rights of them as your sucessors.
6.Can you relish or atleast imagine that your wife is in an affair with another man and she applies for a divorce whilst you still love her.Indian woman do forgive their husbands deceivings and give them a warm homecoming provided they are sastisfied or believe that it would not happen again. If you do not have any negative aspects or complaints against her give your decission a second thought.
wishing you good luck.
2006-12-13 18:12:26 · answer #2 · answered by Muruks 2 · 0⤊ 0⤋
1.There is no fixed law in India like in US where its 50-50
2.Whethet u r married for 1 day or 10 years there is no difference when it comes to alimony & maintenance
3.The court can grant either alimony or maintenance or both based on the social status
4.General rule of thumb is 1/3d of ur monthly salary is given to ur wife as maintenance.Again there are children this will be more.
5.If ur wife is working & drawing god salary there will not be maintenance at all.
6.If its a mutual divorce & both of u agree not do pay each other thn question of alimony does not arise.
2006-12-13 17:10:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Do yoou Indiana? Well, it all depends on your assests. If you are smart you would start building a war chest with a third party's (brother, mother, sister, uncle) identity. In other words ask them to open an account for you, but only you will have total access. However this account is setup for deposits only. Siphon alittle at a time to offset your personal portfolio. In Texas, it is a community property state after 5 years married and 7 in civil union. Also each child recieves 20% of net income, til 18 or graduate from college.
2006-12-13 13:17:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
hahhaha ...
1. Dont get married if you think you will be in divorce later cause as per the DV Act 2005 your wife is more likely to get you arrested if she thinks things are not going fine ...
BTW as for alumni is considered it is based on hw much you earn and your expenses ... though for a girl without kids it is around 800 Rs .. if you have kids it changes and ranges upto a high amount... around 2000 - 5000 rs but it depends from case to case
IM me if you need any consulation ... I would be glad to help you.
Regards
Sameer Shaikh
http://sameer-shaikh.blogspot.com
http://myspaceprofile.blogspot.com
2006-12-13 18:57:59 · answer #5 · answered by Sameer 3 · 0⤊ 0⤋
Your not married yet and your asking about a divorce.
If she is a smart girl, she will not marry you!
2006-12-13 20:06:51 · answer #6 · answered by ~*~Tessa~*~ 5 · 0⤊ 0⤋
They base it on your income, and how long you have been together.
2006-12-13 13:12:46 · answer #7 · answered by Bert 4 · 0⤊ 0⤋
50% OF WHAT U EARN ON MONTHLY BASIS
2006-12-14 23:30:42 · answer #8 · answered by Anonymous · 0⤊ 0⤋
a lot
2006-12-13 13:17:27 · answer #9 · answered by Jennifer D 5 · 0⤊ 0⤋