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).