• Maintenance of wife with son. Salary after tax 80000

Maintenance of wife with son. Salary after tax is 80000.
Asked 6 years ago in Family Law
Religion: Hindu

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22 Answers

Court can direct you to pay around Rs 25000 as maintenance. For wife and son .

 

i presume your wife is house wife and not working 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

See there is no fixed formulae for calculation of the maintenance though as per previous orders and judgement wife can get the maintenance around 20-25 percent of salary if not earning and similar maintenance for the child.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Discretion of court to decide, it should be around 15000 to 20000

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

How the question of giving maintenance arises??
Is there any case against you filed by your wife

Around 20 to 25k..

 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Amount of maintenance depends upon various factors like financial status of parties, living standards, responsibilities, assets, properties, etc

However,  from the available facts I can say, it will be around Rs. 30000/-

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Sir,

  1. Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.

 

 HOW TO CALCULATE ALIMONY

1)what is the max alimony she can claim from me?

 

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)She I ask for a property?

 

Ans: She has no right over property but its notional income may be added to the salary .

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

It depends on your expenses,  her standard of leaving during marriage and your dependents.  After all this court will decide the maintenance about it can be around 40000/- apprpx

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Around 20 to 25k

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. There is no set rule for fixing maintenance as per law.

 

2. It is decided by the Court depending on various aspects including husband's net monthly earning.

 

3. Ordinarily, the Court fixes 1/3rd to 1/4th of monthly net monthly earning of the husband after deducting statutory payments, expenses for chronic ailments etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27719 Answers
726 Consultations

Maintenance amount can go up-to 50% of net salary less income of spouse if any from any regular source.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Approximately 25-30% of you net salary will be alimony and maintenance to your son.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The court may grant at least 35% of the take home salary if the spouse is unemployed.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

Dear client 

It can be around 35000 to 45000 for both for both wife and son

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. Actually, you have not mentioned the other details which are very essential at least for the court to order of maintenance for wife unlike child who always get the maintenance order from the court of law.
  2. As it will depend upon the standard of living of wife as well as the fact that whether she is working or not or educated/ capable enough to word, but intentionally not working.
  3. Rest, you can analyse the situation in your case specifically for wife as child will get the order in his favour for his monthly expenses.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Since wife is highly qualified draw attention of court to said fact 

 

she can easily work and maintain herself 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

No matter if she works or not or she earns or not still husband has to pay alimony to wife if husband is earning the money.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See maintenance can be contested on this ground you can refer the judgement of mamta jaiswal in this case

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Then you can object to her alimony and maintenance application

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

she is entitled to get maintenance from you even she is educated women but she is not entitled too much maintenance from you. The quantum of maintenance is depends upon circumstances and courts discretion and also depends what is your earning position.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

1.Highly qualified wives who are capable of maintaining their ownselves are not entitled to any maintenenance from their husbands.

 

2. You shall have to submit the evidence of her qualification before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27719 Answers
726 Consultations

If she is having the capacity to earn then you may raise an objection with regards to the maintainability of the case; based on various judgments passed by various courts.

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If she was not employed earlier then you cannot force her to work just because she has a MBA degree on her.

If she had quit her job for the purpose of claiming alimony amount then you can highlight the same before court and refuse to pay her the same.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

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