How much alimony am I eligible for?

Situation : I am married for 11 years and have a 3 year old son.I have suffered from domestic violence and verbal abuse for years and am now applying for divorce. We have a house worth about 75 lakhs that is jointly bought and I have paid about 16lakhs of the emi. I was working in the IT sector but left my job 6 years back because husband got an onsite opportunity. I am now struggling to get a job again due to the long career gap. Husband's net salary is about 80-90 k per month. I want to know how much alimony and child maintenance can I get. I have support of my parents but dont want ti burden my father financially since he is a pensioner. Also, I have proof of audio recordings and neighbours evidence to prove the physical abuse and beatings. Please help me Thanks
Related Topics : Divorce Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross, Malleswaram,, Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Madam,

On the following formula you are entitled to claim alimony

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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

 

For full procedure contact me on mobile through the Administrators of this Website.

 

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