Information about Divorce, Maintenance, Child Custody, at Madras High Court, Chennai, Madurai bench

After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement. For example: The husband buys an apartment for his wife and himself after they get married, and it is registered in his name.

After divorce, either of the spouse has the right to claim alimony. Though not an absolute right, it can be granted by the court depending upon the circumstances and financial conditions of both spouses.

If the alimony is being paid in the form of monthly payments, the Supreme Court of India has set 25% of the net monthly salary that should be granted to the wife by the husband. In case, the alimony is being paid in the form of a lump-sum amount, it usually ranges between 1/5th to 1/3rd of the husband's total worth.

10-20 years: You should expect to pay alimony for 60 to 70% of the length of your marriage on average. As a result, if you were married for 20 years, your alimony will most likely last 12 to 14 years. However, it can vary greatly depending on your specific circumstances and the judge hearing your case.

Alimony is financial support that the court directs to the husband to pay his spouse after the divorce. In case, the spouse doesn't have adequate means to lead a life after the divorce or don't associate with earning through any profession, alimony is granted to the spouse.

The sessions court cited a Supreme Court ruling which said that even if the wife is earning, she is entitled for the determination of maintenance. "Therefore, the submission of arguments from the side of the husband that his wife is an earning woman and she is not entitled to maintenance goes out," the court said.

When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per. Section 10A of the Indian Divorce Act, of 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

The Child in India ever chooses which parent to live with is YES! But only after attaining a particular age i.e. 9 years as per the Guardians and Wards Act 1890 (GAWA). Once a child achieves the age of 9 years in India, his/her preference for custody is considered.

On the national average, a female parent is granted around 65% of custody time, whereas a male parent receives around 35%. However, in recent years, more fathers have become custodial parents, with the percentage increasing from 16% in 1994 to 20.1% in 2018.

Currently, there is no fixed concept of division of property in India post-divorce. Both spouses are entitled to claim maintenance after their marriage is terminated. However, the husband shall provide maintenance to the wife if she is unable to take care of herself or the children.