Legal Rights Of Wife And Daughter

The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony. However, a hard and fast rule to calculate alimony has not been defined under any Indian law, neither is it possible as it depends on the facts and circumstances of each case. Deciding the amount of alimony / maintenance is the discretion of the Court.

My answers as follows. 1)what is the max alimony I can claim from him? Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows Salary Rs.2 lakhs per month 25% comes to Rs.Fifty Thousan multiplied by 12 Months = Rs.6 lakhs per year. If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs. You get total compensation of Rs.1 Crore Rs.20 lakhs. 2)can I ask for a property? Ans: You have no right over property but its notional income may be added to the salary . My answers as follows. 1)what is the max alimony I can claim from him? Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows Salary Rs.2 lakhs per month 25% comes to Rs.Fifty Thousan multiplied by 12 Months = Rs.6 lakhs per year. If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs. You get total compensation of Rs.1 Crore Rs.20 lakhs. 2)can I ask for a property? Ans: You have no right over property but its notional income may be added to the salary .

maintenance is calculated on the total income, expenses and requirements your husband will have to give maintenance to your daughter for the studies

As there is huge income gap between you and your husband, advice to claim the amount of alimony/maintenance. The court will consider all the factor and decide the final amount. Also as your daughter is major the court may not consider the maintenance cost

1. “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really tough to revert your query, however, since there is a big gap in the earning capacity, you can make a claim for the maintenance citing the coming expenses on daughter's education,

Wife can claim maintenance from her husband for better living but it would not be too easy and that too at the cost of cordiality and relationship. But regarding daughter there is no such stringent law because the daughter is major and may not be dependant upon father. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.