Settlement claim
Emily
(Querist) 14 May 2013
This query is : Resolved
Hi, I am a 45 year old Christian abandoned by my husband of 20 years. He is now living with another woman and even has a child. I have two teenage daughters. What is the kind of fair settlement alimony that i can claim? Can you pls share a sample format to file a settlement claim pls? What are my legal claims (towards settlement) and the compensation / support I can claim for my two daughters who are 17 and 15 years old pls?
Do help!
prabhakar singh
(Expert) 14 May 2013
Why have you avoided and spared him for long
20 years.You and your children have right of
maintenance.Alimony would be granted.Divorce
too.He can be punished for bigamy too.
The quantum depends upon the basic needs as well as the sources of disposable income in hands of husband.There is no mathematical way to arrive at.It is always a decision arrived at in the light of proved facts of a particular case .
Adv. Chandrasekhar
(Expert) 14 May 2013
Every thing said by Mr. Prabhakar Singh, I agree, except that bigamy case lies against husband. In the given facts such case, in my humble submission, does not lie. You can file maintenance case under Section 125 Cr.P.C. for your and the children's maintenance. An advocate properlly instructed can draft such case. If husband would like to come for any settlement to severe relations with you permanently by way of divorce, you seek appropriate share in his immovable property keeping in view of your and children's interest. If you are unemployed, calculate your future expenses till you attain the age of 80 years, your both daughters' living expenses and education expenses till their marriage and also marriage expenses. That is the fair amount you can claim. You can enhance or reduce it depending upon his paying capacity.
Emily
(Querist) 14 May 2013
I really appreciate your guidance. I have been feeling quite overwhelmed being told that laws these days are very lenient regarding extra marital affairs and live in relationships. It is such a matter of disrespect and agony that i was asked during Adalat if i was okay to allow him to live with the other woman and keep quiet about the whole thing!! Thank you, Sirs!
