• How much alimony need to pay

My earning =100000 per month after tax deduction.
have home and car loan = 46000 EMI.
I am mechanical engineer.
my mother and younger brother depending on me.
2 years marriage and 1 year separation.
second marriage for me and my wife both.
No child.
my wife is graduate, not working, her parents income is 50000 per month doing small shop, no income on paper.

Please suggest how much maximum compensation per month this can be. Or max permanent settle money can be.
Asked 7 years ago in Family Law
Religion: Hindu

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14 Answers

The quantum of lumpsum alimony or monthly maintenance will be decided by the Court taking inyo consideration not just your income, but also your assets and the social status you enjoy.

Going by the figures given by you, youe wife could be awarded something in between 12-18k per month as monthly maintenance.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

See that depends on a lot of factors.

If she files for maintenance then I do not think that the court will give more than 10k per month as maintenance.

Also, the alimony can be between 10 to 20 lakhs.

Try and settle for mutual consent divorce so that both of you can escape from the rigors of law.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) you can be directed to pay monthly maintenance of Rs 20000 per month

2) court would consider fact that you have dependent mother and younger brother

3) your Home loan and car loan is not considered by court in determining maintenance

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Respected sir...

It will finally depends on the court what is seems fir to give alimony or monthly maintenance to your wife ...In simple words she is entitle to half of your income but court will also look at you your family and the circumstances which affect your life ...You just have to produce evidence of such EMI and other expenses nothing more...

One advice ...

One time settlement is best just try to to it ... Rather then pay monthly ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

Hello Mr. Faridabad.

The maintenance amout always depend on your total monthly income . May I want to know that whether your wife ever been work anywhere before marriage either married with you or before divorce. Generally court will give her 1/3 maintenance out of total monthly income. It advice to you settle full and finally forever as past present and future maintenance as well as on account of dowry article and ishtridhan. Thanks.

G. L. Soni
Advocate, New Delhi
92 Answers
3 Consultations

The maintenance of wife varies between 1/3 to 1/4th of your income.

The income of her parents has no consideration in this.

The amount for permanent settlement depends on mutual agreement of the parties.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

Hi,

The alimony amount is decided by the court considering the financial capability expected expenses expenses on the family and dependents and the maintenance amount expected for the wife. this matter is always debatable in the court and is decided by the court only . The income of the wife,'s parent is not considered normally for the alimony purpose.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

There is no exact yardstick to grant alimony to your wife but considering financial and social status of you the amount be grated to her

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Quantum of alimony depends on your income and liabilities .There is no specific guideine to pass an order of alimony, it will be own discrition of the court, setforth may be vary from Rs ten thousand to twenty thousand.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

Hi

The per month compensation solely depends on the mind of judge and maximum compensation can be half of your salary. I would suggest you to convince your wife for one time settlement and mutual consent divorce that is the fastest and easiest and cheapest way out of the conflict.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

In your condition she is entitled to get only nominal maintenance because your net income is too low. Maintenance always decided on the basis of net income of husband. Net income of husband is calculated by deducting all the expenses and liabilities. expenses of your dependents are also calculated in your expense therefore final calculation of your net income will be too low. It is settled law that when divorce is granted due to guilt of wife then wife is entitled for nominal maintenance only.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

There is no hard and fast rule to calculate the any kind of maintenance. You can bargain before the court on the basis of following grounds.

The factors that the court takes into consideration for permanent alimony/maintenance for the wife as as follows:

A) The status and position of the husband, his income, his assets and his lifestyle. The position and status have reference more to the financial than to the social position. Income and financial status are the most important factors while arriving at a justified amount to be awarded as alimony/maintenance.

B) The reasonable wants of the wife. Want is not confined to what is required for keeping the claimant wife alive and providing for food only. When a minor child is living with the mother, the necessities of the child are also considered. Much emphasis is given on the reliefs prayed for by the wife by taking into consideration the status and station in life of the parties, the duration of the marriage, support and education of children, the ability of the spouse to earn and their future prospects, as also their age, health, liabilities, liabilities of the husband and the reasonable wants of the wife.

C) The wife's own income or earnings. The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.

As discussed earlier, under the provisions of the Hindu Marriage Act, 1955, even a Hindu husband can claim alimony from his wife if he earns less than her or does not earn at all, though this is rare.

Usually, the husband is bound to maintain his wife till her lifetime.

However, if the wife remarries, the husband is absolved of his responsibility and can petition the court for orders to stop the alimony. Similarly, if there is a change in circumstances, that is, the husband is unable to maintain the wife due to a financial crisis or any other adverse situation and the wife is financially independent earning a decent salary, then the husband may petition to the court to address the changed circumstances. The the court may, taking into account the facts, evidences and circumstances prevailing at that point of time, modify, vary or rescind the order.

The discretion to award lump-sum alimony or a periodical amount vests with the court.

If the spouse paying alimony/maintenance earns more income after the award for permanent alimony/maintenance has been passed in the case then the wife receiving alimony/maintenance may make a petition addressing the court about the increase in the husband's income but she will have to prove her inability to maintain herself with the alimony already awarded by the court. The court may take into account the facts, evidences and circumstances prevailing at that point of time increase the alimony payable. However, just because his income goes up does not necessarily mean she will get more alimony.

In the future, if the person receiving alimony gets richer (creates/inherits more wealth) than the one paying, can the flow of alimony be reversed? This would again depend upon the facts and circumstances of the case. In case the wife receiving alimony inherits wealth and becomes richer, then the husband would have to make a miscellaneous petition to prove the same to the court. The court will again look into the merits of the case, that is, evidences produced to show that the wife is a richer lady than what she was when alimony was granted to her, inability of the husband to maintain the wife, and if he claims alimony to be awarded to him, that will again be decided by the court after looking into the parameters for awarding alimony/maintenance as discussed above.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Hi, if she files for maintanace application under section 125 Crpc ,then in determining monthly allowance court considers the income of husband as well as the his liabilities ( loans , dependent parents thier medication , house rent etc.) .. The maintanace order passed by the lower court can be challenged in the high court if you feel that the maintenance passed is not justified ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Since she is not employed and is not getting any maintenance amount from her first marriage and she being your legally wedded wife, she is entitled to maintenance from you as her legally wedded husband.

Her parents income shall not be taken into her account.

Your income to this extent has to be proved by her and you should defend your interests on various other aspects and should be able to give a correct picture of your salary income before the court, and convinced on both the sides arguments and merits, the court may pass an order for maintenance of at least 25% of your take home salary.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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