• Filed DV and I am unemployed and I have a 9 month old baby

I have filed a DV case in which jam asking for 50k monthly maintenance and a monthly rent of 12k for myself and my child . Judge will give orders in next hearing. How much can I expect as a minimum maintenance in a city like Bangalore. I am unemployed and I have a 9 months old baby
Asked 6 years ago in Family Law
Religion: Hindu

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22 Answers

maintenance depends upon husband income , standard of living etc 

 

2) court can award one fourth of husband net income as maintenance for your self and child 

 

3) court can direct husband to provide you alternative accommodation 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

1. In case of monthly maintenance for you and your child, since you are unemployed, you may be granted 1/4 of your husband's salary.

2. The exact amount could not be quantified, since you have not provided your husband's monthly income.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

You will get 50% of the salary considering the fact that you have a child with you to take care off.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Rent of 1 lakh per month means?

is he working in a pvt sector or public sector?

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

court can award you monthly maintenance of Rs 50,000 considering  your husband net income of Rs 2.50 lakhs per month 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary/income might constitute a “just and proper” amount as monthly maintenance amount.

You can additionally claim residence rights too.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Maintenance amount would be around Rs.25,000- 30,000 approx, if you are able to prove his rental income.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Then you can easily get 30-40k easily.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties,” the apex court had said in a judgment it had delivered in 2016. So, his rental income will also be factored while awarding your maintenance amount.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

then court can award you Rs 35000 per month . 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

maintenance depends upon the financial condition of each person.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

file a maintenance case against your husband seeking maintenance under Sec.125 Cr.P.C. You can claim maintenance of your child as well as yourself. Such maintenance is granted at such monthly rate, as the Magistrate thinks. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

25% of his net salary +child expanses. IF you have submitted his income proof than at least 35 to 45k.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See it will be decided based on the salary of the husband you may be granted nearly 30-40 percent salary of husband for yourself and child .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If his income is above one lakh you may get 30-35 thousand per month for maintenance and some amount for rent.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See the factor for deciding maintenance are his salary liabilities along with your income liabilities. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The monthly maintenance to be granted to wife varies between 1/3 t 1/4th of income of husband.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

If what you have stated regarding his salary and monthly rent is correct,  then you may be granted maintenance amount between RS. 25000/- to RS. 30000/- per month.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

What is your educational qualification? Were you working before? How much were you earning?

Does he have any other dependents? Does he have any other loans? Does he have any other medical expenses? Is the rental property in his name?

All these questions will be considered.

 

You might get approximately 5K for you and 2K for the baby and another 3K as rent. So all in all around 10K.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Then you can expect about 50000 from the said order. 

Prashant Nayak
Advocate, Mumbai
34653 Answers
249 Consultations

Dear Sir,

If you have produced all the documents of sources of income of your husband then you will get interim maintenance of Rs. 10 for you and 4 for your child atleast.

Kishan Dutt Kalaskar
Advocate, Bangalore
6240 Answers
500 Consultations

Dear 

You can expect a maintenance plus rent to be 35 k to 50 k as his monthly income is around 1.15 L 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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