this is in refrence to my earlier question .about my husband leaving us because of a fight i want to know?

Question

how much maintence can i get from him per month he earns around 55 k per month and will my daughter have her share in his parents property.

he called up yesterday and said he wants to talk to his daughter does this mean he has realised his mistake or wat?

Answer 1

As I informed you under section 125 of the Criminal Procedure Code, 1973 you can claim monthly maintenance for yourself as a wife & for your daughter from your husband. As you yourself employed the question whether you should be granted any maintenance under this provision will depend on your own income & your reasonable expenditure, if you fall short of your regular & reasonable monthly expenditures you may be allowed some monthly maintenance otherwise not. As far your daughter's monthly maintenance is concerned that definitely be given due consideration by the court. Here you had stated your daughter is only 2 years old hence she is not going to school, may be she goes to Creech or play school, hence the expenditure that incur for that will be a consideration, the daily wears of your daughter, her meals & other miscellaneous expenditures will also be considered. In such a case any amount of Rs5000/- to Rs7500/- per month can be granted for her maintenance keeping in view the general inflation & your income too. Now as far your daughters share in your husbands self-acquired property is concerned she cannot claim anything from it but definitely she gets a share in the joint family property now. After the drastic amendment in the original Hindu Succession Act, 1956 by the Hindu Succession (Amendment) Act, 2005 the daughters of a coparcener in the Hindu Joint Family get equal rights as a son. The provisions of new section 6 of the Hindu Succession Act provide l). Devolution of interest in coparcenary property.
(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,--
(a) by birth become a coparcener in her own right the same manner as the son ;
(b) have the same rights in the coparcenary property as she would have had if she had been a son;
(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of subsection (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition.
Now let me explain you what it all about. Previous to this amendment the position was like this, any Hindu who died survived by sons & grand sons or even great grand sons, then all these male members were become the coparcener in the property left by this Hindu male, here the daughters or grand daughters or great grand daughters were not included as coparcener, they were only member of the joint Hindu family & had right to only enjoy the joint Hindu family property but did not get any share on the partition of such joint Hindu family property or had any interest in such property, with this amendment now even the female members namely daughters or daughters of a coparcener (as your daughter she being daughter of your husband who is a coparcener as a surviving son of the property of his father on his death) also become a coparcener by birth in her own right the same manner as the son, what it means she would have been a coparcener by birth if she was a son according to the old law but even if she is a daughter she becomes a coparcener according to this new law. So this is a good news for all those mothers who are part of joint Hindu family if give birth to daughters their daughters will enjoy equal rights & will have interest in the joint Hindu family property . Hope this legal position is clear to you & has brought some smile on your face. Soon I’ll be dispatching bill for my professional fee to you for this legal advice.

Answer 2

I don't know where you are but in Maryland you would only get child support. This would be only for the child, you would still have to work and contribute to her well being. You would not have any right to his parents property unless this is stated in the will, if he is the receiver then its possible that your daughter would inherit but as for the property whomever is listed on the will gets the property.

Answer 3

How important is the sport? i'm advantageous he will LOVE the social gathering, yet would be in any respect green with envy that he ignored the sport? How vast is the sport? whether that's Michigan vs Ohio State for the affection of god enable him bypass! ;). If the sport relatively isn't that vast of a deal i'm advantageous he's going with somebody. Get that individual that may well be useful you out. the place is the social gathering? Get the chum to tell him he has to offer up with the aid of that region and do some thing. probable replace the time of the social gathering to be after the sport. arise with an emergency...ideally some thing no longer frightening. yet you should do some thing and he has to preserve the infants.

Answer 4

You can file suit against him for your lively hood and your daughter's too. A good advocate can get you at least 33% of his income as a maintanence . Regarding his parents property it is all depend on their wish if it is self earned property of the their parents you cannot ask anything unless they give. Yours VRVRAO

Answer 5

The maintenance question is a legal one. Have a good lawyer. That is also the answer to the question about your daughter inheriting from her grandparents.

Answer 6

yes , ur daughter will have every right to his parent's property, court will decided hw much rightfully u should get as maintenance , but definately, during ur course of marriage ,the std of living tht u enjoyed , will be pressed upon to be continued , if u approach court.

Answer 7

child support yes but his parents assests no not unless your daughter is in there will what are u a gold digger lol your only intitled to child support from your husband got sounds like you want to take him to the cleaners are u that greedy of a person im a single mom and guess what i support him and im very proud of that im not a greedy person so gl to your husband

Answer 8

call an attorney its varied from state to state if your husbands making that much per month you should have no problem asking a professiona; instead of wasting your time on here get vague answers

Answer 9

55 thousand dollars a month????????????????????? or
5, 500??? if its the second. depends on the state for alimony. Your daughter will have her share of the property if her father gets it past down to him, and he passes it down to her.

Answer 10

What is the earnings of your and your daughter will be the criterion for deciding maintenance.