Legal Question in Family Law in India

sir my husband has 3 flats in banglore. one flat is in jointly name with him. and i am having 3 years of daughter. we are being seperated. what should i can claim during divorce? i am earning 6 lacs per annum as i m working at chennai and he is earning 22 lacs per annum. pls tel how much should i claim. thanks n regards, arunesha tripathy


Asked on 1/08/11, 12:15 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Dear Ms. Tripathy:

For the sake of your 3 years old daughter, your first concern should be to see if the marriage could be saved. What are the various options to provide the full love and care of both the parents to three year old daughter. In your case, money certainly is not the issue. It is you who alone has to answer the main question of saving the marriage. If you have already concluded that this marriage cannot be saved or you cannot save this marriage, then and then alone, you consider the answer to your question raised here.

You have right of residence under the domestic violence act. You are entitled to monthly maintainance so as to maintain the same standard of living which you were having before seperation. You are entitled to the expense for education and day to day requirement of three year old daughter. In permanent alimony, you have to have the higher education expense, marriage expense, capital fees of education, admission fee, for your daughter. In monthly education expense, you may have a provision of 10% escalation every year. since you are earning yourself, you may not be entitled to maintainance for yourself. More you concentrate in the name of daughter, better and easy would it be for you to get from the court.

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Answered on 1/08/11, 12:34 am


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