Legal custody of daughter and Alimony issue if wife is a doctor

A working woman is eligible to get alimony depending on her income and living conditions. So, even if the woman is working and there is a substantial difference between her and her husband's net worth, she will still be granted alimony to provide for the same living standards as her husband's.

Dear Querist,

In you case if the divorce is not messy the husband and wife would get a joint custody of the child where the child lives with both of the parents on a rotational basis.

As per the Hindu Minority and Guardianship Act of 1956 the custody a child ranging from 5 – 18 years shall be given to the father since he is considered as the natural guardian. Thereby the father has a higher probability of getting the custody of the child.

Under the case Kamla Devi and Chaturbhuj v Sita Bai it clearly mentions that the wife is entitled to maintenance even though she is earning. The judgement further held that the expression ‘unable to maintain herself’ is not required for a wife in order to apply for maintenance. Thereby the father might be liable to pay alimony even if he gets the custody of the child.

The supreme court of India has mentioned that alimony paid monthly would be 25% of husbands net monthly income. Alimonies are usually paid on a monthly basis. A one-time alimony settlement would range anywhere between 1/5th to 1/3rd of the husband’s total net worth.

In a maintenance case there is no definite time stipulated. An interim relief may be awarded within a span of 6 months. The rest of the case would take its time to adjudicate as per law.

Thank You.