Hello,

If you are in the usa then the procedure is different but if now you are in india half of your income would go to your wife since she is a student .

Hope this helps.

If she's highly qualified, and capable to earn and sustain herself, she's doesn't deserves a penny from you.

Otherwise, 25 % of husband's net salary is considered as just and proper maintenance.

See you can plead this before court that wife is qualified and can maintain herself so in that case you can contest her maintenance further the maintenance is decided on factors such as income, expenditure lifestyle and dependent parents. Further the wife shall claim the maintenance amount you can contest same 20-25 percent of salary can be given in maintenance but that can be contested,

further from CAW cell criminal case shall be filed maintenance it wont go for divorce for divorce different case has to be filed.

hello,

your wife filed a case against you, most probably under DV act, 498A, 504, 5046 etc in the CAW cell. they would call you for mediation. if the mediation fails, and she still wants a divorce, until the divorce proceedings are over you have to pay maintenance and after the divorce, a lump sum amount along with maintenance. maintenance depends upon your socio-eco status, your salary, savings, your responsibilities towards your parents. the court will provide her with an amount which she was spending while she was with you, ie, the same standard of living as yourself. if she starts earning then she is not entitled to it.

regards

Dear Sir,

The SC held that 25% of net salary of husband to be awarded as monthly maintenance to the wife. The is as follows. But since your wife is wantonly not working though she is qualified as such Court will deduct her proposed

earning if she was an working woman.

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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

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8. Unfortunately, in India, parties do not truthfully reveal their income.

For self employed persons or persons employed in the unorganized sector, truthful

income never surfaces. Tax avoidance is the norm. Tax compliance is the exception

in this country. Therefore, in determining interim maintenance, there cannot be

mathematical exactitude. The court has to take a general view. From the various

judicial precedents, the under noted 11 factors can be culled out, which are to be

taken into consideration while deciding an application under Section 24 of the Hindu

Marriage Act. The same are:

“1. Status of the parties.

2. Reasonable wants of the claimant.

3. The independent income and property of the claimant.

4. The number of persons, the non applicant has to maintain.

5. The amount should aid the applicant to live in a similar life style as he/she

enjoyed in the matrimonial home.

6. Non-applicant's liabilities, if any.

7. Provisions for food, clothing, shelter, education, medical attendance and

treatment etc. of the applicant.

8. Payment capacity of the non applicant.

9. Some guess work is not ruled out while estimating the income of the non

applicant when all the sources or correct sources are not disclosed.

10. The non applicant to defray the cost of litigation.

11. The amount awarded u/s. 125 Cr.PC is adjustable against the amount awarded

u/s. 24 of the Act.”

9. With the backdrop facts aforesaid validity of the impugned order dated

13.5.2004 has to be decided.

10. The non-applicant Smt.Saroj Hegde sought dissolution of her marriage

on grounds of cruelty and desertion. She filed a an application under Section 24 of

the Hindu Marriage Act praying that she should be awarded a reasonable interim

maintenance from her husband. She stated that she was unemployed.

11. In support of her claim, she pleaded that her husband was the son of Shri

Rama Krishna Hegde, Ex Chief Minister of the State of Karnataka. She stated that

he was an industrialist operating a unit at Peeneya Industrial Estate, Stage-II,

Bangalore wherefrom he was earning at least Rs.10 lacs per month. She further

stated that the husband was a co-owner in the following properties:-

1. Property No.229, Raj Mahal Vilas Extension, Bangalore valued Rs.6 crores.

2. Fionika Building, Walkeshwar Road, 12th Floor, Bombay valued Rs.4 crores.

3. Ancestral property at Sidapur, Mytri valued Rs.1 crore.

4. Peeneya Industrial Estate, II Stage, Bangalore valued Rs.50 lakhs.

5. Flat at Ferozshah Road, New Delhi valued Rs.2 crores.

6. Coffee Gardens at Coorg, Karnataka valued Rs.10 crores.

7. 40 acres of agricultural farm land near Jai Nagar valued Rs.5 crores.

12. Averments in respect of the immovable properties owned by the

husband are in para 7 of the application filed by the wife under Section 24 of the

Hindu Marriage Act. The same read as under:-

PROPERTIES

VALUE

i)

Property No.229, Raj Mahal Vilas Extension, Bangalore-560006

Rs.6 crores

ii)

Fionika Building, Walkeshwar Road, 12th floor, Bombay.

Rs.4 crores

iii)

Ancestral property at Sidhpur, Mytri (co-owner)

Rs.1 crore

iv)

Peeneya Industrial Estate, II Stage, Bangalore

Rs.50 lacs

v)

Flat at Ferozshah Road, New Delhi

Rs.2 crores

vi)

Coffee Gardens at Coorg.

Rs.10 crores

vii)

Agricultural farm land (40 acres) near Jai Nagar

Rs.5 crores

13. Response of the husband to the averments made in para 7 are as under:-

“7. The respondent respectfully submits that, the respondent is unemployed and he

has no source of income and that he is totally dependent on his parents.”

14. It may be noted at the outset that the husband has not denied the

assertion that he is the owner of the properties disclosed in para 7 of the application

filed by the wife under Section 24 of the Hindu Marriage Act.

15. By and under the impugned order, Rs.25,000/- per month has been

awarded to the wife besides litigation expenses in sum of Rs.25,000/-.

16. Shri K.N.Bhatt, learned senior counsel for the petitioner urged that

while awarding maintenance to the respondent, learned Judge had to consider only

the revenue income of the husband. Consideration of capital assets may be relevant

in a claim for permanent alimony, urged the counsel. It is wholly irrelevant for

purposes of deciding a claim under Section 24, submitted the learned senior counsel.

17. I do not agree.

18. If the capital asset is an industrial property, a coffee plantation, an

orchard or any other agricultural holding, there would be a presumption that the said

capital asset is yielding some income. It is not presumed to be a dead asset.

19. As noted herein above, unfortunately, nobody pays proper taxes to the

Government. Self employed persons seldom disclose their true income. Prudence

and worldly wisdom gained by a judge before whom citizens of all stratas of society

litigate it can always be used by a Judge to broadly ascertain as to what is going on

in the society. By no means, said knowledge can be used where law requires a fact

to be conclusively proved. But where the law requires a Judge to form an opinion

based on a host of primary data, a Judge can formulate an opinion pertaining to the

likely income from the capital assets of the husband.

20. The matter can be viewed differently.

21. It is not the case of the husband that he has abandoned his capital

assets. It is not his case that he is not residing in Raj Mahal Vilas Extension,

Bangalore.

22. How is he maintaining the said properties?

23. The husband has disclosed nothing about the salaries paid to the various

employees, servants and others employed at the various capital assets owned/coowned

by the husband.

24. It is a well recognized principle of law that where a person withholds

vital information, a presumption arises against him that had he disclosed the

information, the same would have been adverse to him.

25. Keeping in view the capital assets owned/co-owned by the husband, his

social status, his place of residence, it is difficult to believe that the husband does not

have the requisite means to support his wife a monthly maintenance of Rs.25,000/-.

26. As regards the wife, there is no proof of she having any income.

27. Order sheets of the present case show numerous attempts made to effect

a reconciliation or separation on amicable terms. Unfortunately, the attempts have

failed.

28. I find no merit in the petition.

29. Dismissed.

30. The husband is directed to pay costs of the present litigation before this

Court to the wife quantified at Rs.25,000/-.

31. No costs.

Sd/-

(PRADEEP NANDRAJOG)

JUDGE

1. The amount of maintenance varies as per 1/3 to 1/4th income of husband.

2. If your wife is not working presently then her mere educational status is not enough to avoid maintenance.

3. If she is studying in USA then chances of filing case for maintenance in India is very bleak. Now if she returns in India then you can file such case in which event you can take plea of her higher education in abroad.

In India normally 25 to 35% goes to the maintenance depending upon the social and economical background.

It depends that how us courts are taking the divorce settlements

Maintenance depends upon husband income , wife income ,standard of living etc

2) court considers fact that you have dependent parents while determining maintenance

3) court also considers wife qualifications while determining maintenance

1) court considers your net income after taxes

2) not necessary court would award wife 25 per cent of your salary

3) wife has to file separate application for maintenance under section 125 cr pc or DV act

4) CAW complaint would be for dowry harassment . It would be converted into FIR if no settlement is possible

5) wife can file case against you in USA as well

1. If she comes back in US she can file complaint on allegations in US too.

2. See the FIR shall be filed on her case and the criminal.proceedings against you shall start. You should try to settle.amicable before the FIR is registered as after FIR there can be strict actions against you like LoC or impounding of passport.

For maintenance she has to file.application under DV act or 125 crpc that will be heard and decided you will be given opportunity to be heard.it will take time.

3 net salary.

Salary means complete salary this is not your salary which you receive in your hand in case you want to live with your wife and not looking for any divorce proceeding then you can file a petition under section 9 of Hindu Marriage Act for restoration of conjugal rights and let her reply in the court are most of the things you need not to travel to India bitwise power of attorney to your parents are in close relative to look after the case in the court initially you have to sign all the people that is to be submitted in the court and your behalf

1. Yes, nothing holds her from filing a case in USA.

2. When you say the case is with CAW, please understand that the CAW is trying mediate/counsel the issue by trying that the differences between you and your wife are resolved amicably. But, since you two are unable to reach a consensus, it is most that the CAW counselling is most likely to fail and that is when your wife institutes matrimonial cases against you.

3. Nat salary is the take home salary. It is the amount that gets credited to your salary account every month. It's given by the employer after deducting taxes and other deductions such as public provident fund, professional tax subtraction etc.

Hello

She could have filed a case against you while she was in the usa as any offence you commit while in the usa is under the jurisdiction of the is authorities. But now she is in india and therefore not being a us citizen she cannot come back if you don't approve...she cannot file a case here although she can alert authorities in the us through the USCIS stating her grievances and informing your employer.

There would be mediation and if it fails then there would be proceedings in the court.

As far as maintenance is concerned it depends upon how much you earn and various factors are seen by the court.there is no such thing as 25 %. It may be more too or less.

Regards

1. yes in USA also she can file but in that event she will have to forgo her claim if she files any case in India.

2. If mediation fails which is most likely and she press on her charge then FIR would be registered.

3. Salary you receives at hand after statutory deductions will be taken into account..

The most important aspect of maintenance is that your wife who is relying on maintenance should have no independent source of income to support herself, then only Court would award her maintenance.

The quantum of maintenance and the expenses of the proceedings have not been specified in any of the Indian Matrimonial statutes. The court can fix the maintenance at any amount, depending on its discretion. When deciding the quantum of maintenance to be awarded, the court takes into account the income of both parties, their status and other circumstances.

It not not necessary that you will have to pay 25% of your salary to your wife as maintenance, if you are able to prove that your wife has have movable or immovable property, she cannot claim maintenance, if the property does yield income.

P.S. It means salary in hand.

1. Maintenance is ordinarily 1/3rd of net salary of husband after deducting all his liabilities. The onus will be on you to prove your liabilities.

2. Since wife is not working she will get maintenance for sure.

3. She can adopt her remedies under the US law as well.

4. FIR will be registered shortly if reconciliation proceedings before CAW fail.

5. She can file a DV case under Section 12 of DV Act at anytime to claim maintenance/

If she is studying in USA then she may not be able to file a maintenance case in India though she may file a divorce case through her power agent. You can reject her claim citing her strong financial background.

Maintenance amount shall be paid only after she is applying for it and the court will decide on merits after hearing both the sides.

1. She may be consulting many lawyers in India and US also hence she may go by their advise.

2. Have you attended the enquiry session by the CAW cell police?

First attend the same and then your will come to know further issues after that.

3. Salary means take home salary.

Dear Sir,

My answers are as follows:

1. We both were staying in USA together. Her parents came to the USA to visit me and took her back with them. After coming to India she filled the case against me. Can she filled a case against me in USA as well?

Ans: No, because you married in India as per Indian Acts which are not recognized abroad.

2. Currently, case is with CAW and wife said she don't want to stay with me. I said "I want to live with her". Any idea when the case will go to court and when she can start claiming for the maintenance.

Ans: Yes, she can claim under multiple enactments such as Criminal Procedure Code, DV Act and HM Act.

3. Everyone say 25% of net salary, what salary means salary recieve in hand or salary remain after all expenses.

Ans: Net salary after all your expenses and you can plead so many regarding your liabilities.