• Alimony/Maintenance amount estimate

Fighting a divorce(under cruelty) and maintenance(125 Crpc) case.
My wife has asked for an absurd amount for maintenance and alimony.

I am around 35 years earning around 2.2 L per month and am a software professional.
My wife is around 32 years earning 27,000 per month , BHMS doctor and chooses to live in a remote village , despite my requests to move out she has repeatedly declined.Under oath she has falsified her salary amount.

We both have stayed together for 117 days and consummation wasn't possible because of her vehement opposition.Which she has accepted countering I wasn't capable of consummation.

Questions
==================
1. What is a rough estimate of Alimony and maintenance amount I need to give her.
2. As I work in a private sector , how can possibly the court get my salary details ?
3. What ways can I use to reduce my maintenance/alimony amount.
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Please note that the element or maintenance is decided by the court on the basis of social and economic conditions of both the parties as in your case your wife is a  doctor and as sufficient amount for her leaving you can request in the court that her salary certificate should be asked from her employer before avoiding the maintenance to her

 Your salary certificate can be added by the court directly to your employer to provide in case you do not provide your salary certificate if required by the court and at the same time when maintenance amount is decided by the court you can produce the list of liabilities currently you are meeting out of your salary to reduce the burden of maintenance at the higher side

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi, For fixation of Maintenance there is no hard and fast rule. It is all depends upon your income, family status and the income of your wife based on the above court will fix the alimony. 

 

2.  First wife has to prove your income while filling required documents before the court. If she not provide the documents, then she will not get good amount of alimony.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

1. The amount of maintenance would be around 25% of your income. However since she has some income, the court may take into consideration this fact while fixing the quantum of maintenance.

2. If you do not controvert the figure quoted by your wife as regards your income the court may hold her version to be true.

3. Try to show the expenses you incur towards your dependent parents or siblings. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It depends on the discretion of judge. Your expenses her income etc. You can oppose the alimony application based on her income and qualifications. Still it will come 30000/- pm to you. She can demand in court to file your salary slip. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.What is a rough estimate of Alimony and maintenance amount I need to give her.

Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows:

Salary Rs.2 lakhs per month. 25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If she live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs. she get total compensation of Rs.1 Crore Rs.20 lakhs.

2.As I work in a private sector , how can possibly the court get my salary details ?

Ans: Your wife can produce your salary details or else court can direct your company to produce details of your salary

3.What ways can I use to reduce my maintenance/alimony amount.

The amount to how much maintenance to wife in India is not fixed and differs with each case. The amount is decided by the court, keeping in consideration all the relevant factors like husband’s earnings and property, expenses, dependents’ needs, liabilities, wife’s earning and property ownership, and conduct of both the parties. There is no specific formula or method of calculating the maintenance amount. 

Generally, the amount of maintenance for a divorced wife is calculated as one-third of the husband’s salary, provided that the wife stays single and does not indulge in any romantic relationship. 

The court can order the husband to disclose his salary, IT returns, insurance, shares, fixed deposits, bank balance, lifestyle expenses, credit card ownership, vehicle ownership, etc. as proof of his ability to maintain himself.

A wife can claim maintenance for all her reasonable needs like food, home, medicine, and shelter. If the wife has children, she can claim for their education as well. The court having appropriate jurisdiction can decide the maintenance amount it deems fit and reasonable. 

This amount can be in form of a monthly amount or a lump sum amount and can be modified later on the behest of the wife if there is a change in situations i.e. there is a change in income of the husband, inflation, marital status of wife, etc. 

For the best knowledge regarding your divorce and maintenance rights as per the divorce laws, consult the divorce lawyers.

The following FAQ;s  will help you:

1.Can I bring some facts to the judge and get my maintenance reduced? 
A. Yes. 
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA). 
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc. 
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance. 
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living separately by mutual consent (Section 125(4) of CrPC).

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Sir the court can grant her alimony of around 40 thousand or more looking at your salary. 

2.the court shall ask you to produce in affidavit if you fail to produce they can call your employer.

3.you can show.you liabilities and contest on ground that wife is earning.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) maintenance depends upon your income , wife income , standard of living etc 

 

2) if you have any dependent’s court considers Said  fact while deciding maintenance 

 

3) wife will make application calling upon you to produce your income tax returns, Salary slip for last 3 years 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

wife can surely ask for maintenance from husband even if she is working. Court grant maintenanace as per the status and standard of the husband.. 

Do u have any Advocate representing you ??
He should have advised on how to collect proofs and evidences of the income ??
You need to obtain his Income tax returns from IT Dept and also get his bank account statement.
With these proofs, you can show to court that his earning is much more than what he is showing to the court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) If your marriage is less than a year. One can go for annulment of marriage on non consummation ground.

 

2) So you're not entitled to pay alimony or maintenance amount if "annulment of marriage " is done and you both will be not called as divorcee in the future.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Since she is working and you have no children court may refuse to entertain her application for maintenance several citation of supreme court says a working wife is not entitled to maintenance. In her cross examination extract that is she willing to join you at the place where you are working if she refuses that ground can be taken to get her maintenance and alimony claim to be rejected.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1. ALIMONY is basically a consideration given by the husband to wife for leaving rest of his lege peacefully, it depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, NEED (who need divorce- if wife requires divorce, it reduces and if the husband requires, it increases), expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. However, from the available fcats, i can say something around 10-12 lacs will be OK. 

2. quite possible, she(her lawyer) will summon manager/auth person of your company with a complete record of your salary through Court and the said manager/auth. person had to appear along with the relevant record before the court, moreover, she have the option to issue summon to the income tax department and she can get complete details of your earnings from there too. 

3. You can reduce maintenance alimony by showing any of your responsibilities to the Court with documentary evidence like medical bills/receipts of your, your family members, if any, Loan, expenses on parents, legal responsibilities etc.

you can also lessen the amount of maintenance by proving her to capable to maintain and proving her present jab capability and NO RESPONSIBILITIES.

  

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Where in any proceedings of maintenance pendente lite it appears to the court that either the wife or the husband as the case may be, has no independent income sufficient for her or his support and necessary expenses of the proceedings, it may on the application of the wife or the husband, order the respondent to pay to the petitioner such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

For estimate purpose the maximum amount in rare cases can go up to 50 % of income of spouse/respondent less income of the petitioner spouse. This is for estimation purpose only, the actual amount of decree may vary on merit of case to case basis and subjective review and consideration by court.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. You may refuse to pay her any amount towards maintenance since she is employed and drawing a handsome salary.\

2. She may file a petition to direct your employer to produce your salary details.

3. Since she is employed and there are no issues you can better straightaway refuse to pay any amount, let the court decide.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. You might be directed to pay an amount which is either 1/3rd or 1/4th of your net monthly earning less her gross monthly earning.

 

2. The Court might direct your company to produce details of your salary/earnings from them and/or also direct the I.Tax department to submit copies of your ITR for last three years.

 

3. Ask your Company to show most of your salary as allowances/bonuses which are not regular but dependent on  your performance for that month/year.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer