Legal Question in Family Law in India
what settlement can i ask for?
my husband is an american citizen, he left me in india and went to US and then applied for a divorce there. he got a divorce from US which is not valid here, i know and i live in his house so in order that i leave it, he is asking for a divorce from the indian court. he is offering to settle this matter with a lump sum amount. he has a house that is worth around 70 lakhs, and two other sites worth around 15 lakhs, he is working in the US as an IT consultant and is earning handsomely. he made me to come to chennai with him, i lost my job and cant face going back to Bangalore again for the shame of this divorce. he has threatened me to leave etc in the past, his mother has harrassed me by bringing men over to threaten me. i have no parents and no family as such. i have no job as of now.
could u tell me what is the amount that i can ask for based on his financial state. i dont want to be unreasonable neither do i want to get cheated. pls. do tell me what i can ask for, either in an amt. or in a percentage.
Thanks.
4 Answers from Attorneys
Re: what settlement can i ask for?
You should ask 35 lacks for one time settlement.
Re: what settlement can i ask for?
You can file Domestic Violence Case and get Maintenance, House etc
Re: what settlement can i ask for?
The reasonable amount will depend upon your last drawn salary and the financial status of your husband. It also depends upon the time you have spent with him after marriage.
Since you are victim and you need a respectable living, it may be proper to ask a lump sum amount which can bring you a monthly income of at least INR 25,00 - 35,000; and to earn that you may ask for approximately 25 to 35 lac as one time settlement.
Re: what settlement can i ask for?
You can ask for the amounts which will fetch you a good monthly income ,which will take care of your shelter and your expenses per month. I would suggest you to ask for amounts betweem 45 to 50 lakhs.
Don't vacate the house till you recieve the amounts. Also approach the family ourt of your jurisdiction and obtain an injuction order that you should not be thrown from your marital house.