Court can direct you to pay around Rs 30 k per month as maintenance if your wife is not working
2) wife has no share in your self acquired or inherited property
I have applied for divorce against my wife on cruelty basis because she is mentally I'll and was admitted 20 in mental hospital by her father. But now her condition is same and she doesn't leave with me in 2 years she always come and go to her parental home. I have also applied restitution for congunal rights in court but still she doesn't stay with me. So I applied for divorce. I have 7 months boy My wife is educated in BE in electronic and telecommunications My business income is 100000/- per month How much amount of maintenance will court decide to give my wife Can I have to give share in property also ? My wife has 2 flats and agricultural land of her father
Court can direct you to pay around Rs 30 k per month as maintenance if your wife is not working
2) wife has no share in your self acquired or inherited property
No matter how much land her father's she had.
Now whether she is having any source of income to maintain herself?
Have u purchased any property after marriage?
Both these matters.
How much income u are showing in ur income tax returns?
RCR petition was decreed in ur favour or u have withdrawn the same?
U haven't disclosed judgment of RCR
CZ if RCR decreed in ur favour then she is not entitled for maintenance I ll provide judgment on this point
See she cannot claim any share in the property.
Secondly since she is not earning court can grant her maintenance of 20 to 30 percent of your Salary.
See her fathers property cannot be considered though you can contest on that ground.
1. If your wife is presently unemployed and you have taken plea of her mental illness then mere education and degree in BE is not of much impact .
2. in that event your liability of maintenance for your wife is 1/3 to 1/4th of your income.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. A landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.
In your case you applied restitution for congunal rights in court but still she doesn't stay with you. So you are not liable to pay maintenance to your wife ,but have give to your child. A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband.
No you don't have to give your property. You can object giving her maintenance on the point of her educational qualifications. You may be ordered to give 20000/- approx by court if it rules against you
Court can order approx half your monthly income as maintenance for both your wife and child.
No you don't have to give property share to your wife
It doesn't matter that she has assets on her name or not but her income and capacity to earn can effect her maintenance.
you can claim divorce on the grounds of insanity. A divorce based on one spouse's insanity can quickly become an uphill battle. You bear the burden of proof in your divorce, and a judge will require a substantial amount of evidence in order to confirm your spouse's mental illness. To prevent a judge from dismissing your case, you’ll need to gather your spouse’s psychiatric and medical records, reliable witnesses, and even experts that can testify about your spouse’s condition.
Maintenance/Alimony depends on the source of income of Husband and for the livelihood of the wife.
wife is not entitled to husbands property but may claim alimony or maintenance .
Why would you give alimony as it's not your fault. Rather you should seek alimony for all the troubles you faced and compensation for expenses in marriage.
You should also plead for custody and full guardianship of your child.
Are you being represented by a competent and expierenced counsel in court? If not, I'm prepared to handle your case and take it to it's logical conclusion. I need an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are, so it shouldn't be much difficult for you to visit me.
Hi
As far as maintenance is concerned, to curtail the amount, you need to show that she is qualified and can earn.
To the tune of the said aspect, court may consider and reduce the amount substantially.
Have record of your liabilities / payments i.e., EMI, maintenance of parents and other over heads, material proofs please.
As far as child is concerned it is the duty of both the parties.
Sum and substance of maintenance is concerned, it is court's discretion based on the material proof you submit to the court.
Coming to the property held in her father's name, if she gets any share it is in no way have bearing on your maintenance.
However, you can plead before court about the same. It is court's choice either to look into it or leave it.
Good Luck.
If she is applying for maintenance then the court may grant her maintenance up to 35% of the income proved by her with the support of documentary evidences. for both, she and her child.
If she is employed then the court may not grant her any maintenance but you should prove her employment and salary details.