Approx 10-15 k per month.
Me and my wife living separately since last 1 year because she dont wants to live with my parents . i have one child 8 years who is living with me and my dependent parents is also with me . If i file case for RCR or Divorce then need suggestion for maintenance My in hand salary is approx 85K PM excluding Income Tax . My Other Regular Exp is below : 1.Child Education : 10,000.00 PM 2. Utility Bills : 5,000.00 PM 3. House Hold Exp : 15,000.00 PM 4. Maid exp : 4,000 Pm ( as my mother is old and can not do all house hold work ) 4. Father Medical bills : 2000 PM 5. My personal petrol exp : 5000 Pm 6. Other individual exp for all family member : 10000 pm ( Average ) Total Month Exp : 51,000 Pm apart from this i have fully social responsibility. As i have private sales job and no other income source so also need to saving for special for my child higher education ( At least 20,000 pm ) . Just wants to need as per above sheet how much maintenance can court decide .
The maintenance of wife varies from 1/3-1/4th income of husband.While Determining the income of husband only the statutory deductions like Income tax is excluded.The rest of the expenses are only considered by court to determine the living standard of husband and does not bear much significance.
2.So in your case the maintenance for your wife is ilkley to vary between 15k-20k.
Has your wife given you in writing on whatsapp or on email she doesnt want to reside with you and your parents. If yes, it is a good ground for divorce. Hindu son cannot be asked by wife to stay separate from aged parents. There is a judgement on it.
Hi, legally a wife can claim upto 1/3 of salary of his husband.. However in deciding maintanace court considers , expenses of husband ( loans, medical expenses,dependency of old age parents ),,if a wife is working she cannot claim maintanace
Hello,
In my experience the court might decide somewhere between 5-10 thousand.
Also, if the wife has the capacity to earn then you may fight the maintenance case on the said ground.
Regards
These maintenance is decided on based on facts and circumstances of case depending on condition. If your wife is capable of maintaining herself than it is decided in that way if she is not earning then the amount is calculated so that she can maintain herself. You can always mention your expenses and file reply to these maintenance application. Court takes all point in consideration before deciding maintainance.
1)you have not mentioned whether your wife is working or not
2) if wife is working court would consider fact while awarding maintenance
3) court would consider that you have dependent parents in determining maintenance payable by you
4)court can award wife around Rs 20000 per month as maintenance
1) If your wife is not working than you have to maintenance approximately 25-30% of your net income of per month. And if she working women than you don't have to pay anything to her.
Maintenance is awarded mainly by considering the actual financial position of both the parties. In case you go for the divorce petition and claim the custody of the child who is of 8 years just think to pay around 25% of your salary may go in maintenance.
u should file case of RCR if u wanna bring her back to ur home. Thn burden of proof ll lie upon her why she dnt wanna live wd u. nd at d max maintenance ll b ordered 5000 to 10000
Dear Querist
If wife is not able to maintain her self then the court will grant her maintenance which can be 1/3 of your income or as decided by the court but the court will consider all your real and necessary expenses and then only decide
Feel free to call
Dear Sir,
As per recent Supreme Court judgment she entitled for 25% of your salary. But you may wisely file an application before the Court saying that your ready to maintain her and pay PG centre charges only. You disagree with her proposal to reside in her parents house and to get monthly maintenance. You may also ask us to go to job since child is with you. For more legal tips contact me.
It is not necessary that she has to file a maintenance case just because you filed a matrimonial dispute case.
The burden to prove your monthly income shall be her's.
She has to prove the same beyond doubt