• Maintenance related

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 .
Asked 8 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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15 Answers

Approx 10-15 k per month.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

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

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

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

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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

Tarun Budhiraja
Advocate, Rohtak
379 Answers

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

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Generally it's one third or one fifth of the salary/income of the husband

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

As per many judgments, she may not be granted maintenance at all.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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