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Legal » Matrimonial-laws » Alimony-080918
 
How Much Alimony Am I Entitled To?

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.

Marriage Compliances

Question Sindhu asks,
I got married 15 years back. I didn't get my marriage registered then but now I need the certificate for getting visa. My problem is I don't have residential proof before marriage since my parents have shifted their base to another city 6 years back. What is the other alternative to get the certificate?
Answer Dear Sindhu,

As per the limited facts narrated by you, you can get your marriage registered in the jurisdiction of the place where you are presently residing. You may approach the office of the registrar of marriages and initiate your registration process. You are required to file appropriate Affidavits stating your mode and place of marriage and then by submitting the required documents for the purpose of getting your marriage registered. Hope this suffices your query in brief.

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Child Custody

Question Mohammad asks,
I don't want to divorce my wife who is from a different religion but she is insisting on the divorce. Actually we have a son and I want to get him back. Then only I will give her divorce. I want to raise him as Muslim. Can I get custody even if we divorce? He is 4 years old.
Answer Dear Mohammad,

As per your query and the limited facts narrated by you, you will have to move to the matrimonial court for seeking the custody of your child. Since your child is 4 years old, in most of the cases the mother is given the custody of the child as per your personal law, but if you have valid grounds to prove that you want to retain your marriage and have the custody of the child, the court may after ascertaining the true facts and after hearing both the parties grant the order accordingly. Please note that you will have to invoke legal process accordingly, you may consult an expert matrimonial lawyer for further appropriate compliances. Hope this should suffice your query in brief.

Mama's Boy

Question Maria Ferreira asks,
I am a Catholic married to a Parsi since 3 years. We got married in the court as well as in the church. But ever since we are married, our married life has been hell. I have been facing various issues with my partner. Firstly, his mentally retarded mother, who makes a complete mess of the house till we return home every evening. She uses abusive language, which one cannot bear. There is no privacy at all. And this doesn't make a difference to my husband. My problem is that I cannot prove it officially. He is taking advantage of that. Thirdly he doesn't support me financially in the house. I take care of my personal, medical and other expenditure. He loves his mother overtly and completely neglects me. I am sick and tired of this behavior. I do not want to stay with his mentally retarded mother. He forcefully claims that I should be nursing her. We have even opted for divorce; our case is still lying unfinished in the court. I cannot prove myself married because our marriage certificate is lying in the court. We had mutually agreed for the divorce and that's how I did not demand for alimony. But now I have resigned from my job due to medical problem. My husband is using me as a keep, a domestic item in the house. I need your guidance to move ahead in life.
Answer Dear Maria Ferreira,

As per your query and the facts narrated by you, presuming that your divorce is filed by mutual consent and is pending in the court of law, you can still ask for maintenance and alimony from your spouse, since you are having some medical problem and if he agrees to give you the alimony then you can talk to your lawyer and modify the consent terms filed with consent Petition in the court. In case your husband refuses to give you alimony and maintenance as required by you for your medical reasons etc., you have an option to withdraw your consent in the pending consent Petition filed by you or you may file a fresh Petition seeking maintenance form your husband. You must contact an expert matrimonial lawyer regards your further compliances. Hope this suffices your query in brief.

How Much Alimony Am I Entitled To?

Question Siri asks,
I got married in 2007. Soon after I joined in-laws family they started harassing me for dowry and gold ornaments. And my marriage has not been consummated even after one year. I thought this is because of their demands. But ultimately I came to know that my husband is impotent - to hide this they have played various games. But when I asked about this he sent me to my parent's house permanently and threatened my life if I come back again and join him and reveal this information to any one. He told me to go for a divorce from my side and said he does not wish to waste his money to pay for lawyer fee and court fee. I have applied for divorce in the court. I am jobless and do not have any property. I am depending on my parents. Do I get any permanent alimony from my husband through court? If yes, how much do I get and how much can I claim? My husband is working in Software Company as a senior executive with good salary i.e. more than one lakh per month and has 30 lakhs worth property. Please advise how do I live rest of my life? Do I get permanent alimony from him?
Answer Dear Siri,

As per your query and the facts narrated by you, you can definitely get permanent alimony from your husband for which you have to make appropriate applications to the Matrimonial court. You will have to initiate civil process for seeking appropriate reliefs and petition to the court for appropriate maintenance and alimony. You will have to cast a detailed petition and give in the details of your spouse's job, his income and his capacity to pay, his lifestyle, the description of his property he owns before the Hon'ble court and only after perusing the said applications and contentions of both the parties, the Hon'ble court shall be able to ascertain the quantum of alimony to be granted to you. You must contact an expert matrimonial lawyer regards your further compliances. Hope this suffices your query in brief.

Khula

Question Divs asks,
My friend has got married under the Muslim Marriage Act and Civil Marriage Act. Now he needs to get divorced after 4 years of marriage as he and his wife are staying separately for last 4 years. If they get divorced under the Muslim Marriage Act does the Civil Marriage gets dissolved automatically? Can you please suggest the right procedure for them to get divorced with mutual consent?
Answer Dear Divs,

As per the limited facts narrated by you, your friend and his wife can get divorced under their personal law by mutual consent by entering into the deed of consent divorce by Mubaraat or by Khula. Kindly note that the said divorce will have to be declared by the Family court. Kindly note that from the legal point of view and for any legal compliance your friend will have to approach the Court to seek appropriate Court order for appropriate declarations if they divorce by mutual consent. Your friend must contact an expert matrimonial lawyer regards your further compliances. Hope this suffices your query in brief.

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