Legal Question in Family Law in India

I am married for 4 yrs now and have a 2 yr old son.My husband works in US.He & his family has mentally & physically abused me for 1 and 1/2 yrs.After my son was born they continued to harass me,so I left with my son who was 1 month old & came to India to my parents home.Since then he has not seen his own child.I tried to patch up with him several times but he is not responding.It seems that he was waiting for me to leave the house.He has totally abandoned my son and now he has filed for divorce in court under desertion & curelty.
His monthly income is 3 lakh Rs.He has not paid a single rupee for me or my son up tilll now.I am totally dependent on my father.
My question is- 1)As he is earning such a good amount of money(nearly 35 lakhs per year) and I have not started earning yet how much can I ask for myself as well as child support for my son?
2) Should i go for on time settlement or monthly maintainence?
3) If he agrees for one time settlement how much money as alimony & child support can I ask?

Asked on 5/18/11, 1:43 pm

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Where did you get marry ? Where has he filed for Divorce ? Your answers are very crucial for maintenance etc. The answers to your questions :-

1)You are entitled to 50% of your husbands income as you have a child with you.

2) Do you want to divorce him ? One time settlement is known as Alimony but during the pend ency of Divorce you are entitled to maintenance also.

3) Dont take a hasty decision . You would automatically get Alimony on the Divorce . You have to see your husband status, his assets etc to get Alimony . And How much was spent on your wedding and what gifts were given to your husband and his family . All these factors would count in deciding your Alimony or settlement. But you can really trouble your husband and his family by filing a petition under Domestic Violence act and criminal case for dowry etc and also get maintenance too.

Answered on 5/18/11, 4:09 pm

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