If your wife is employed then she may not be eligible for seeking maintenance.

In that case the court may order to pay maintenance to your child.

Th subject of granting maintenance will depend on how effectively the claimant proves her case and how intelligently the respondent defends himself.

She has to prove your income while claiming maintenance with documentary evidence supporting her claim

There is no parameter to measure the quantum of maintenance hence it will depend purely on the discretion of judge.

Dear Concerned,

There are two things-

a) If your wife working or educated enough so that she can work and earn money (both supported by enough documents like salary slips/education cetificates.

In this case the wife is not entitled for maintenance. However, she can still claim maintenance for your Son.

b) If she is not able to support herself financially after divorce.

In this case she can claim maintenance for her as well as your Son.

There is no such parameter to calculate the amount of maintenance. You can show your salary slips and expenses which will becoming a deciding factor in the amount of maintenance. Still the amount would be solely at the discretion of the Judge. Also, there is no such fixed amount of alimony it would depend on how well it has been negotiated by the Lawyes of both sides.(However the alimony is always based on the financial capabilities of the husband)

Please note-If your wife claims for maintenance you can take the custody of your child as the father is the natural guardian of the child (also it seems to be some mistake in the date of marriage and age of your child, unless this is case of second marriage)

Best of Luck

Can wife claim for share in my property which in joint name of myself and mother

No she has no rights to claim a share in your property nor in your mother's property.

1)alimony is at discretion of court

2)you have not mentioned whether wife is working or not

3)alimony depends upon husband income , wife income , standard of living of both parties

4)if your wife is not working can award her RS 18000 per month as maintenance for herself and child

wife has no share in property standing in joint names of your mother and you

2) she can only claim right to stay in her matrimonial home

1. The wife is entitled to maintenance @ 1/3 to 1/5th income of husband.

2.In such cases the EMI paid towards home loan is not considered.

3. So one can presume that you may have to pay your wife anything between Rs.[deleted]/-.

4. However wife has no share in the proeprty of husband.But since you have bought the flat in joint name with her she is half owner of the flat.

Can wife claim for share in my property which in joint name of myself and mother?

No she could not get such a share. But you have responsible for giving an accommodation in shared house.A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

So you have to give 6500 to 11000 as monthly maintenance amount (approximately )

1. The amount of maintenance will be decided by the Court depending on the circumstances and Judge's wisdom.

2. Generally 1/5th to 1/3rd of net monthly earning of husband is awarded as the amount fixed for maintenance of the wife and her son.

3. While calculating the net monthly earning, the deductions against PF, I.Tax EMI and for compulsory monthly medical expenditure being incurred for long for self and also parents are deducted from the gross salary.

1. As per Indian law neither the wife nor the son/daughter can claim any share on his/her husband's/faher's properties during his life time.

2. They can raise the said claim if he dies intestate before the decree of divorce is issued.

1. The quantum has to be decided by the court in the light of your wife's academic qualifications, your salary and liabilities. Ordinarily, the maintenance is 1/3rd of net salary after deducting all the liabilities of husband.

2. If you can prove that your wife is well qualified to earn then you may succeed in bringing down the amount substantially.

Under the present law a wife has no share in the property of which her husband is the joint or absolute owner. However, she can claim and enforce the right to residence in that property.

For persons who are governed by the provisions of the Hindu Marriage Act, 1955, permanent alimony or maintenance is awarded by the court under Section 25 of the said Act. This section is generally resorted to at the time of passing of the decree of divorce. However, this section empowers the court to award alimony even at any time subsequent to the divorce on an application being made for that purpose. Moreover, alimony can be provided to wife or even to the husband for her or his maintenance or support.

Alimony can be provided as a lump-sum amount (i.e., one-time payment), or as a monthly or periodical payment. Secondly, if it is provided on monthly or periodical basis, then it can be ordered to be paid during the full life of the spouse or for a period less than that.

There is no fixed arithmetic formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. However, there are certain factors that are taken into consideration for computing the amount of alimony, and some of these factors taken into consideration by the court are mentioned below (here, for the sake of simplicity, it is being presumed that the husband is being directed to pay alimony to the wife):

Husband’s own income and other property, if any.

Income and other property of the wife herself.

Conduct of the parties.

Other circumstances of the case, which may seem to the court to be just.

Usually, all mandatory deductions (such as Income Tax, load repayments, etc.) from the income / salary of the husband would be considered to arrive at his net income / salary.

Other genuine liabilities of the husband, such as wholly dependent old parents, may be duly considered by the court.

If wife is employed / working and has her own independent sources of income, the same may also be taken into account.

The life style of parties, their social status may be taken into account.

The status and the mode of life which the wife was used to when she lived with her husband, is also taken into account.

Expenses to be incurred on the education and upbringing of the children is also considered.

Age and health of the parties.

The period for which they have been married.

Therefore, based on a variety of factors, which depend upon the specific facts and circumstances of each case (i.e., there is no hard and fast formula), the amount to be provided as alimony or maintenance is decided by the court.