How maintenance amount is calculated by court?
I am an NRI working in the Netherlands. I was married under Hindu law. My wife and I lived together for less than one year and have been separated for more than two years. My wife is unemployed, and our minor daughter resides with her in India. Despite travelling from the Netherlands to India, I have not been permitted to meet my daughter. My annual compensation is approximately €125,000. I have around €20,000 in cash savings and €30,000 in company stock. My parents own a house worth approximately ₹3 crore; however, the property is in their names, and I have two sisters. During mutual settlement discussions, my wife's family demanded ₹3 crore, comprising ₹2 crore for my wife and ₹1 crore for my daughter. My questions are as follows: 1. Is a demand of ₹3 crore reasonable and legally sustainable in these circumstances? 2. How do courts determine permanent alimony and child maintenance in such cases? 3. Will my parents' property be taken into consideration while assessing my financial capacity? 4. Would a one-time settlement of approximately ₹50 lakh be considered unreasonable? 5. Are there any special legal considerations applicable to NRIs in matrimonial proceedings?
Dear Client, A demand of ₹3 crore is not automatically reasonable or legally enforceable. The court decides permanent alimony and child maintenance after considering factors such as the husband's income, assets, financial obligations, the wife's financial condition, the child's needs and the standard of living during the marriage. Property standing in your parents' names is generally not treated as your asset merely because you may inherit it in the future. Whether a one-time settlement of ₹50 lakh is reasonable will depend on the facts of the case and the negotiations between the parties. As an NRI, there are no separate rules for deciding maintenance, although practical issues relating to jurisdiction and enforcement may arise
Based on the facts provided, a demand of ₹3 crore does not automatically become legally payable. The Family Court will consider your actual income, financial resources, your wife's needs, the child's welfare, duration of marriage, and other relevant circumstances. Your parents' property is generally not treated as your asset. You may also seek visitation rights for your daughter and explore mediation for a fair settlement. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
