Legal Question in Family Law in India

Re: residing in US, divorce in India

Wife has right to lead her life according to status of her husband. Wife and your child is legally entitled monthly almony. Court are giving 30% of net earning to wife beside almony of the child

Re: residing in US, divorce in India

Depends upon your financial and social status, she is entitled to maintenance for herself and the child to live a life of almost equivalent to your standards. Since there is a marked difference in living standards of USA and India, the principle of 2/3rd may not be applicable in this case. Secondly, if she will to back to India after quitting a job, you can establish her "earning capacity" and thereby contest maintenance for herself. In that case, you will be required to bear the cost of maintenance of your child only. And since the child is too small, in my opinion the maintenance amount may vary somewhere between 200 to 500 USD per month. We can work out the details with more certainty on knowing complete facts like education of the parties, their job experience, family background in USA and India and other attendant circumstances. The maintenance amount may also depend upon the grounds taken for seeking divorce. To conclude, an effective opinion can be given only when full facts are available.

Re: residing in US, divorce in India

Alimony depends upon the earningsl of teh party , their expenses etc While deciding this issue court takes into considertion the status of the parties, cost of living etc.

Re: residing in US, divorce in India

Alimony depends on the basis of earnings of the parties and also their respective expenses.While fixing the alimony court considers status of parties,cost of living and also actual expenses of parties etc.In case of need you may contact with details.Professional charges are applicable.

Re: residing in US, divorce in India

Usually the court considers cost of living, the status etc in case of alimony