- This topic has 8 replies, 8 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
NMy parents have been married for 24 years. Throughout their marriage, my mother endured multiple instances of domestic abuse. My father (who is in the indian army btw), along with his family, was opposed to my mother working. He even threatened to leave his job if she chose to work. As a result, she remained a housewife, despite being capable and willing to work. I am 23 years old, and my sister is 19. I will likely secure a job in a year or two, and my sister is currently pursuing her studies. My father’s exact income is unknown to me, but I estimate it to be at least around 80000 per month. He is also expected to receive benefits upon retirement, which could be substantial, possibly ranging from ₹50 lakhs to ₹1 crore.
Given this situation, I have the following questions:
1. What kind of alimony or financial support can my mother expect, considering the duration of the marriage and given the history of domestic abuse?
2. Is my mother entitled to a share of my father’s retirement benefits?
3. What steps should my mother take to claim her rights?I would really appreciate any guidance on this matter. I was hoping that me getting a job would change him but today he just overdid it again. He threw slurs at her and called her names for seemingly no reason. She doesn’t have to endure this bullshit. Once I get a job she will move in with me but given the current market it can take me some time. And I would love to get her back at him after enduring so much for 24 years.
-
-
NHow exactly do we provide proof of domestic violence? The last time he physically abused her was two years ago, as I mentioned in my other comment. The only ones who know about the abuse right now are me and my sister. There have been injuries but they have all healed. The weapons he used in the past were belts (which army wears), sticks and fists.
-
-
-
UNavy vet here. I have seen cases in the Navy where alimony was claimed on retirement benefits also. However , these were paid out as a one time settlement. Unless retirement is imminent, I don’t think the court will entertain alimony claims on any future earnings. What you can claim now is his AFPPF, AGIS maturity amount, monthly salary, any other asset he has acquired. Gratuity can also be calculated as on date. Keep in mind that all other benefits will be foregone, especially medical benefits.
-
-
-
P1. Your mother can seek maintenance from him. Both the spouses have to declare their assets and liabilities, the calculation of maintenance is considered based on that. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
2. She can file a contested divorce case based on cruelty. If she can collect any evidence for his violent behaviour, it would help in proving it in the court [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
for further clarification contact us [https://g.co/kgs/8ZDFqW1](https://g.co/kgs/8ZDFqW1)
-
-
