Legal Question in Family Law in India
Hello,
I got married one-n-half yrs back with an H1b visa holder in India. Now he wants divorce. He has not provided me any maintenance for the last eight months. I want to know if I divorce him then how much or % of his inome I am entitled to get if I remain unemployed after the divorve and if I remain employed after the divorce as per the Indian law.
Thanks,
Seema
3 Answers from Attorneys
you have a number of options to claim maintenance from your husband viz domestic violence act, u/s 24 or 18 of hindu marriage act or u/s 125 of criminal procedure code. your husband, as he is abroad, either has to appear before the court concerned to pay the maintenance or his salary needs to be attached by court order.
If you are unemployed, you are entitled to maintenance for meeting your expenses as per his standard of living at the time of separation.
you have right to maintain. but there is no fix law about %age.
But send us your detail then we will help you to get maximum.
Income is an important factor go get maintenance, therefore precure his income proof before you start.
Regards