Khushi Mehta
02 February 2021
Good evening,
Under this situation, a petition will have to be filed under the Hindu Marriage Act, 1955. Every petition under the Act shall be filed with the appropriate District Court or family courts within the local limits of ordinary civil jurisdiction as per Section 13 of Hindu Marriage Act, 1955 which talks about divorce. In the above situation, A, a married woman can file a suit at Chitoor district court as she is residing on the date of presentation of the suit at Chittoor.
The petition should include details such as:-
• The facts and details based on which the relief is sought by the petitioner (A, here).
• That the parties are not deceiving the court by collaborating
• The averments made are verified.
The documents required are:-
• Income tax statement for past 3 years
• Details of the profession and present remuneration
• Personal information
• Asset ownership details
After filing a petition for divorce, Section 24 of the Hindu Marriage Act, (HMA) 1955 allocates for maintenance. During the pendency of the divorce proceedings at any point of time if the wife establishes that she has no sufficient independent income for her support, it is open to her to claim maintenance pendente lite; Manokaran v. Devaki, AIR 2003 Mad 212. Under this Act, only a wife has a right to claim maintenance. A Hindu wife under this act shall not be entitled to separate accommodation and maintenance from her husband if she is unchaste or converts to another religion. According to a Supreme Court ruling, a working wife can claim maintenance if her income is not sufficient to sustain her. The Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.
Regards,
Khushi.