• Lumsum amount calculation in case divorce

Hi Sir,
Me and my wife is getting divorce due to some medical reasons which my wife psosses called OCD and she was having the same before marriage. But my in-laws always threatens me with allegations that the problem surfaced out after maariage. Have been married for 1.5 years now. They always pressurise me and asks monthly amount of 10,000 RS everytime they took her daughter home. In a spam of 1.5 years she has been at her hometown for almost 6-7 months in bits n pieces. Need to know some approx amount for lumsum maintenance.
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

There is no mathematical formula to calculate the same. If it is mutual divorce then the same can be decided mutually otherwise it depends on the income of the husband.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

what is your income ? 

 

2) your wife income ?

 

3) any dependents? 

 

4) need said information to advice you on maintenance payable by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

25% of net salary till she not remarries or start earning. You stop paying, let her approach court than only give after court order.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

Various factors will be taken into consideration before granting the maintenance, i.e., social status, educational background of both the parties.

If she is qualified, her earning capacity.

Your earning capacity.

Your obligations, liabilities other miscellaneous payments (which are pending since marriage) will be considered before finalizing the amount

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

That totally depends on the salary of the husband. Also, the expenditures have to be calculated and assessed. There is no fixed percentage. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

One of the considerations of granting permanent maintenance is assessing income and property of the parties. When a wife makes an application for maintenance, the husband is required to give full details and make complete disclosure of his income and properties. The wife can make queries about any alleged omission. A similar disclosure, though, is also required to be made by the wife. The court then exercises its discretion to come to a conclusion on a fixed amount, taking all the information into account.


Lifestyle and reasonable wants of the parties

Lifestyle, along with the financial status of the parties, is one of the most important factors while arriving at a conclusion by the court. Reasonable wants does not only include providing the wife food and just keeping her alive. Emphasis is paid on their lifestyle, status, health, age, liabilities and responsibilities. The courts have said that ordinarily the wife is entitled to an amount of maintenance that will enable her to maintain almost the same standard of living to which she was entitled before the marriage broke down. In case of a minor child, his/her necessities are also taken into consideration.

Generally, courts award 1/4th of the husband’s income to the wife as maintenance. In a case last year, the Supreme Court also set the benchmark at 25% of husband’s net salary as the amount for maintenance as “just and proper”. The court said that the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Maintenance is decided by the court on the basis of claim and the social and economic conditions of both the parties it cannot mainly be decided by the court on the basis of only claimed by the one party you could have to consider all the aspects and necessity while awarding the maintenance the OCD can be cured is not a permanent medical disorder and this ground you cannot take the diverse it will be very difficult and the alimony in this case may be very high

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

All depends on how much you earn. The lumpsum amount or the criteria for determining the same is not defined any where.

Supreme Court has held that 25% Of husband’s net salary is just and proper to be awarded as maintennace to wife. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The life is calculated 60 years and for remaining years of her into court multiple by 6k or 8k pm. And than lumpsum amount is calculated. It may come around 10 to 20 lacs approximately.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No specific rule. 

It's between both of you and your status how much you can give to her. 

If they are not ready for mutual consent divorce file a petition against her under section 12 h. M. A that she was suffering from    disease prior to marriage but they did not disclose the same

Tarun Budhiraja
Advocate, Rohtak
379 Answers

Do not give her any maintenance and in the divorce petition state that she had ocd prior to marriage and hence a material fact was not disclosed and hence the marriage should be declared null and void.

Give her maintenance when she files a maintenance application or negotiate with her parents through a lawyer.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See lumpsum maintenance shall be decided based on your salaries and further amount claimed.

You can object same. Further if possibility of mutual divorce then you both can mutually decide the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to decide the maintenance amount mutually if not agreed then court will decide the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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