Dear All, My wife earns (take home) 40,000 salary v/s mine as 1,20,000 per month. When there is disparity in income of husband and wife, court orders husband to give a cut of 1/3rd of his salary to wife as interim maintenance, to bring both parties on the same pedestal. I have heard that this is a directive from Supreme Court. Does any one have more information on this directive and tricks / tips on how to win against it? This is an additional provision which judges use, to support women when husband proves that wife is working and able to sustain herself. Need advice on how to win this situation proactively. 1. If I ask the wife to bear my 12 year old daughter's all current (school, transport, etc) and future (higher education / marriage) expenses in ratio of our take home salaries AND 2. (I ask my wife to list down all the expenses which she has to bear (today); to live with the same dignity and comfort which she was living at the time of filing the divorce suit) + (her court expenses) = Total expense required by her every month - Subtract from it the amount which she herself can bear reasonably to survive, and then finally contribute to the balance amount : Would it be granted / supported by the court and will this help me to avoid the disparity of income / one third salary cut provision ?
1. there is no fixed formula that is given by the SC.
2. Just that maintenance should be enough so that the wife maintains the lifestyle that she was having as and when she was living together.
3. Child expenses will have to be given equally by both the parties.
Regards s
1) since your wife is earning Rs 40000 as income you would have to pay around Rs 10000 as maintenance
2) court considers your net income , wife income , standard of living, number of dependent’s in determining maintenance
3) if both are working you ha r to pay for child maintenance in proportion to your income
4) your wife has to prove her claimof child maintenance with supporting documents
Thank you Ajay Sir. May I ask you how you estimated 10,000 approx maintenance ? Is it by applying disparity rule ? or perhaps 1/3rd rule ? or something else ? I am mainly keen on avoiding / winning this disparity of income gimmick, somehow.
There is no fixed formula.
Courts largely apply the 1/3rd rule.
But the order depends on the facts of the case only
Your wife is earning Rs 40000 as maintenance
2) Your combined salary is around Rs 160000
3) one third would be around Rs 48000
4) hence stated that wife would get around Rs 10000 as maintenance
Hello,
1) First of all there's no hard and fast rules regarding 1/3 rd of the husband's salary being awarded as maintenance on basis of salary disparities or for that matter maintenance of life style. You are overwhelmed by a lot of information you have gathered around the subject.
2) Regarding the education and maintenance of the minor daughter both parents have equal responsibilities and liabilities to shoulder and besides your expenses and other liabilities should be considered by the court while deciding maintenance/interim maintenance.
3) Documentary evidence of expenses like utilities, loans, investments etc. can be of support in your defence.
1. Disparity is indeed a ground for wife to get maintenance and this disparity must be of excessive degree.
2. In this case the income earned by your wife is enough to take care of herself and hence she is not entitled to maintenance.
3. However irrespective of the income earned by your wife you are liable to maintain your children.
4. The thumb rule is 25% and not 1/3rd of your income.
Your wife is earning and hence she doesn't need and is not entitled to maintenance.
You are earning more than her but you have other expenses too as you have stated therefore file a criminal revision against the order of interim maintenance or maintenance order. I dont think you should pay single penny. Engage a good lawyer.
Regards
Wife entitle to lead same life as she was with her husband. Alimony shall be 25% of net salary.
Since she is also earning and draws a handsome salary, she may not be eligible for maintenance but you should prove the same before court with substantial evidence.
However the court may pass an order to grant maintenance for the child, which you may have to bear.
The second point what you have sought clarification may not be possible because the court will not entertain any such application from your side, it will simply pass an order based on the proven income of both the parties.
You can submit the list of liabilities in your side to avoid paying any maintenance to her or to the child, however the court may pass an order granting some amount to the child based on your take home or net salary income, hence dont strain so much to avoid the issue totally which you may not be able to do it successfully
It depends on the income of both parties court need to strike a balance. It's not only man who needs to maintain his wife. If he is not capable and earning less. Or if wife earns then it's her duty maintain the child. So it depends on many factors
Dear sir
You have to file appeal against the order of the family court in High court. By stating the facts that Custody of daughter is with you if this the situation. And other expenses you can get the maintenance down to 10000 to 20000 but the reasons should look genuine to the court.
And if the order is about equality of income then you must pray to court to order equal maintenance for your daughter from both the parents.
