• Maintenance for a 3 year old child

Hi,
Me and my wife are about to get divorced soon. 
I am earning 20,000 pm and not that educated. 
My wife is a graduate and her last salary was around 55000pm. 
She's not working currently, for no reason. She has claimed 20,000 maintenance per month for our daughter. 
 I am sure that once my wife takes up a job, she would be earning more than 50k per month. 
How much money should I be officially paying for our daughter's maintenance?
Asked 1 month ago in Family Law from Greater Mumbai, Maharashtra
Religion: Hindu

See for daughters maintenance both the parents have to equally share the responsibility so the court may as per your salary order 1/4 or 1/3. Of your salary for daughter's maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

 please be aware that the maintenance of child is the responsibility of father even if mother is getting sufficient salary to maintain herself and the child she can ask maintenance of the child from the father so in any case you have to end up paying the maintenance of your daughter including her school fees and other maintenance related to education of course  the amount after maintenance will be decided based on your income it should not be decided by the court on the basis of claim only in case your wife is not working now she can claim maintenance for herself as well even if she is more qualified than you and had the earning capacity better than you till then when she is not working she can ask maintenance from the husband please consider all these situations so that you can different any such maintenance claims by your wife

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

You will have to plead against such high maintenance. You will have to pay the amount ordered by court. So you must plead deligentlly. 

I hope you have appointed an experienced cousel (Advocate). If not, I'm prepared to handle your case. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1022 Answers
1 Consultation

4.4 on 5.0

it would depend upon expenses of the child it should not be more than Rs Rs 5000 per month 

 

when both are working both should bear responsibility equally 

Ajay Sethi
Advocate, Mumbai
65485 Answers
3961 Consultations

5.0 on 5.0

Respected sir... 

Sir it's all up to the description of court that what will the court decide as reasonable maintenance for her I would like to say that contest the argument strongly and fight the case on merrits... Sir it is stated in law that you have to maintain your daughter and wife if they are not able to maintain themselves... Sir just collect evidence then she is earning such amount that will help you... And provide your ITR if you have... That will also help you... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
961 Answers
6 Consultations

4.9 on 5.0

Both parents share equal Responsibility to contribute child expanses. Court will grant around 4 5k. 

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

1. if you show present income of your wife then she would not be granted with any maintenance.

2. However your liability to make contributory maintenance for the child will continue and the same would be as per actual expenses for the child.

3. If both of you agree for mutual then go for making a lump sum for the child .

Devajyoti Barman
Advocate, Kolkata
17481 Answers
248 Consultations

5.0 on 5.0

Dear Sir,

It depends on the discretion of judge as to how he arrives at the figure, taking various factors into consideration. Income alone cannot be criterion for deciding the maintenance amount. Home salary and also the expenses also should be taken into consideration while awarding maintenance to wife.

Child custody and maintenance law are based on the principle of best welfare of the child, the parent with whom best welfare of the child exists is allowed the physical custody and other parent is given visitation rights for the child. The issue of child custody is up to the age of majority which is 18 years. The financial support of the child is responsibility of both parents and both are supposed to provide for it in proportion of their own income or financial status.

Again the court decide the amount of permanent alimony and maintenance on the basis of the financial status of both parties that includes the income and even property of the party through which income can be generated.

Netravathi Kalaskar
Advocate, Bangalore
2865 Answers
12 Consultations

5.0 on 5.0

Please note if she is educated and earning prior to filing of maintenance petition she will not be eligible for any maintenance for the kid you may have to pay 1/5th of your salary as maintenance depends on the order passed by the court.

Swarnarka Chowdhury
Advocate, Mysore
1752 Answers
4 Consultations

5.0 on 5.0

Court may award Max 8000 in your case if you objevt properly to her maintenance application

Prashant Nayak
Advocate, Mumbai
11687 Answers
18 Consultations

4.8 on 5.0

The courts generally grant one third as te maintenance amount. Once your wife starts earning you are not obliged to give her maintenance although you have to give something to your daughter.

Regards 

Rahul Mishra
Advocate, Lucknow
4125 Answers
11 Consultations

5.0 on 5.0

Hello,

you will have to pay equally for the daughter maintenance. She can’t claim maintenance for herself but she definitely can claim for the daughter. 

Though she can not claim your entire salary and the court will also decide the same based on your income.

 

regards

Anilesh Tewari
Advocate, New Delhi
16748 Answers
254 Consultations

5.0 on 5.0

Sec. 125 of the CrPC clearly states that if the

spouse is unable to maintain herself due to

certainly reasonable inability, then the husband

has to provide her with enough alimony to live a

life with dignity.

If they have a child, then the wife rightfully can

claim for the maintenance of the child from the

husband.

 

Mohammed Mujeeb
Advocate, Hyderabad
9365 Answers
3 Consultations

4.5 on 5.0

First of all she should prove your salary income by documentary evidences before court to seek the maintenance amount.

The maintenance amount is not automatic along with the divorce case, she may ahve to file a separate petition seeking maintenance.

The court will hear both the sides before passing an order. You can put forth your points along with documentary evidences of her previous employment and her capacity to earn etc and also prove your income as what yo have mentioned here.

The court will consider the facts before passing any order on this and may pass orders on merits relied upon by both the parties..

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

This is my response to you:

1. You can state that you have less salary as per salary slips;

2. Also you can show your loans;

3. You can also showcase your debts and other liabilities;

4. Try to reduce the maintenance;

5. Ask for custodial rights over your child;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1797 Answers
2 Consultations

5.0 on 5.0

It depends on the discretion of court in which the maintenance case is pending but it can be approx half your salary.

Mohit Kapoor
Advocate, Rohtak
2692 Answers
1 Consultation

5.0 on 5.0

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