Dear Sir,
Instead of giving regular maintenance, it may be possible to make a one time settlement in which the husband gives a lump sum amount to the wife.
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.
Produce the following documents in your maintenance defense:
- Rent agreement
- Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
- Medical expenses of yourself and your parents about Rs.5000/- per month.
- Dependency certificate showing how many family members depend upon your salary like parents etc,
The following FAQ's will help you to reduce the maintenance amount:
- What is the maximum maintenance amount for a resident Indian?
A. Maximum is around Rs.3000 per month. Exceptions are very rare.
- What is the maximum maintenance amount for a non-resident Indian (NRI)?
A. Maximum is about Rs.10000 per month. Exceptions are very rare.
- Can I appeal the order of maintenance?
A. Yes. You can appeal (get it set-aside) within 3 months of the order.
Q. 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.
Following are the grounds to get divorce order.
Attempt to suicide is also an offense.
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