Dear sirs, My wife has filed crpc 125 against me and had submitted my ctc starememt and one month payslip in court. Now my question is while granting alimony which is considered gross salary or net salay? My gross is around 90k but after all deduction like pf, nps, income tax, company housing cost etc net sal comes down to 62k. That is my take home and i have submitted bank records for the same So which will be considered for calculating alimony. Also what is the max that may be allotted to her? She previously used to hold a job ( 3 months. Back, case is going for 1.5 yrs) as graduate trainee with stipend of 10k pet month Thanking you in advance Regards TG
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1. Net salary has to be considered, but all your liabilities have to be taken into account and considered by the court before quantifying the amount.
2. Ordinarily, the maintenance is 1/3rd of net salary.
3. If the amount ordered by the court is on a higher side then you can challenge it in the higher courts.
court considers net salary while awarding maintenance
2) court may award around Rs 20,000 maximum as maintenance to wife
3) court would consider that wife is working while awarding maintenance
Sir , deciding the alimony amount totally depends upon the court discretion .. The court may consider both gross an your in hand salary .. If she was working previously , you can submit proof before court to minimize your monthly alimony ..
1.in your take home only the statutory deductions i.e IT and CPF would be deducted.
2. others have no connections with the salary at hand.
3.the quantum of maintenance is generally pegged at 25% of your income.
4.unless you could establish her present income her past job is not considered by court.
The Court while granting maintenance to her will take your net salary into consideration. Also, inform the Court about your other recurring expenses, such as amount spend my you each month on maintenance of your mother father, household expenses, house rent etc. The Court will take note of all this while deciding the quantum of maintenance.
You net salary will be taken into consideration.
The amount that will be given will depend on the facts and circumstances of the case.
You will have to state this thing in your defense that she is earning and has the capacity to earn
Regards
The court will hear your side too and will give you chance to defend your interests too as far as the salary income is concerned.
Generally the take home salary shall be considered, your advocate should convince the court accordingly.
1. Maintenance is calculated on net monthly earnings after deducting PF. I.Tax, EMI for self occupying dwelling house, compulsory medical expenses on chronic ailments of self and dependent parents.
2. You shall have to contest her petition and submit your calculation for net monthly. earnings.
3. As per Supreme Court judgement, she will get 25% of your net monthly earnings.
4. If she is earning, the she will get the maintenance amount which will be 25% of your net monthly earning less her gross monthly earning.
5. Highly educated wife having capability to earn to maintain herself is not entitled to any maintenance from her husband for which you shall have to draw the Court's attention to her educational qualification.
