Ifamily court – n India, decisions related to the family such as divorce, child custody, alimony, child support, and asset division after divorce are usually taken in the family court. Say, for instance, you wish to separate from your spouse and want to ensure that you get the sole custody of your child. If you are a resident of Delhi then, you will have to approach the family court Delhi and apply for the necessary divorce proceedings. But before you file for divorce, you need to hire a lawyer who can help you with the proceedings and file the case on your behalf. He will help and support you throughout the process. A lawyer’s support is of paramount importance, especially when you are seeking alimony from your husband. Some of the methods by which a lawyer can help you understand your alimony rights are as follows:
1. Alimony law in India: family court
When you approach a family court lawyer regarding alimony, the first thing that he will tell you is whether or not you are eligible for alimony. In most cases, the wife is eligible for 25% of the husband’s salary as support or alimony. But you can get it easily only if you file for a mutual consent divorce. When you file for a divorce where alimony is essential, ensure that you have discussed it clearly with your lawyer. Alimony laws are strict in India, and hence, it is necessary to know your husband’s earning. Even if you do not have a clear understanding, your husband should not be jobless when you ask for alimony.
2. Seek the support of lawyers from where you file the case
When you file a divorce case prioritizing alimony, you must file the case from where you got married. Say, for instance, you are filing the case in family court Rohini or family court Dwarka, make sure that your lawyer is licensed in Delhi Bar Council. In other words, your lawyer should be licensed to practice in the district courts of the region where you file the case. It is always preferable to file the case from where you got married. For example, if you have a Karkardooma Court Marriage certificate and now seek a divorce, the best way would be to file a divorce application in family court Karkardooma. This would make it easier to get the divorce and also to process the alimony.
3. Evaluation of the alimony rights
Sometimes the alimony demanded might not be sustainable, and this needs to be evaluated. When you hire a lawyer, he can explain it to you and guide you regarding the legal implications of asking alimony beyond your rights. Divorce can be frustrating and strenuous, and it is natural to feel hurt. However, it is essential to perceive it from a logical perspective. A lawyer can help you evaluate your case for what it is and tell you what you can demand as alimony.
4. Understanding the difference between interim maintenance and alimony
When you file for a divorce, you are eligible for interim maintenance, and once the divorce is finalized, you are eligible for alimony. The maintenance of the wife in India usually rests with the husband. In exceptional cases, the maintenance is paid by the wife. Your lawyer will help you evaluate the alimony that your husband is entitled to pay. This includes the loss of income that you might have had to face to take to your children or the elderly in your home. There can be lump-sum settlements and also monthly payments of alimony amounts. With the help of your lawyer, you can differentiate between these and ensure that your rights are upheld.
Your lawyer can help you get the alimony you deserve and ensure that you can enjoy a decent standard of living even after divorce. In India, alimony falls under the rights of a woman who has been divorced, whether it be a mutual consent divorce or a contested one. But the issue that remains is how much you can demand and whether this can change with the changes in your ex-husband’s earnings and changing market conditions. With the help of your lawyer, you can evaluate all of these and prevent yourself from getting into a financially insecure position.