Maintenance depends upon your income, wife income, standard of living etc 

it is at discretion of court 

3) generally one fourth of net income is awarded as monthly maintenance 

offer Rs 15 lakhs as one time settlement or Rs 25000 a month 

2) consent terms in divorce petition should provide that you have joint custody of daughter 

3) in alternative settle for visitation rights once a week 

Dear Sir,

Yes, you will get visitation rights.

Income, property and ability of both husband and wife

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.

When does alimony need not be paid?

The husband is not required to pay maintenance in case the wife remarries. He can also contest and refuse to pay maintenance on the ground that the wife is gainfully employed. The court can though still award maintenance to be paid for the children.

However, only the fact that the wife is employed cannot be a ground for not paying maintenance, as the employment of the wife should be in line with the lifestyle of both the spouses. For example, if the wife takes tuitions and earns a sum which is just enough for her survival, but the lifestyle of the couple was much higher than the amount the wife earns can give her, the court could still ask the husband to pay a sum to maintain that living standard. However, in cases where the wife earns more than the husband, it is difficult for the wife to get any maintenance.

There is no such parameter of salaries. You need to show that she is earning and doesn't need alimony from you. You can further show your expenses and show that nothing remains in your hand

If you are heading towards mutual consent divorce then

don't forget to draft an MOU before approaching forMutual Divorce, which is the most essential and important part of a Divorce case, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, etc, therefore, without going through deeply with facts its really unfair to tell an amount. 

Capable of doing jog and actually doing is different. Wife is entitle to 25% of husband net salary. Monthly maintenance can be stop in future if wife start earning, rosemary etc. So OTS is not advisable.

And about custody of child, will rest with mother and parent who is denied custody shall have right to talk to child everyday. And father will also grant visitation right by court.

You should fight the cases. All the evidence etc should be produced before the court.

For custody you have to file a case separately

Visitation rights cannot be denied. Don't worry about that. One third of the salary may be given to her for maintenance. You both can arrive at a one time settlement through negotiations.

There is no such percentage is defined and is based on the judgement of the court.

Normally 25 to 40% is allowed in case of maintenance but in case of alimony the amount decided by the court on the basis of demand and if any agreement between the parties or is decided on the basis of social and economical conditions of the parties.

Please rate the answer if you like it.

OTS / alimony paid to the wife is based on the standard of living enjoyed by the couple while married.

You can execute a settlement deed before entering into settlement . If you both going for Mutual divorce then the first motion of mutual consent divorce whereby you can settle all pending disputes pertaining to the custody child and alimony etc.

What is your query.

You have posted the information about pending cases whereas you have not mentioned anything about your query.

You may revert with your query.

In the given situation the court may grant up to 35% of the proven take home salary.

For one time settlement and child visitation rights you may have discuss with them and reduce the terms and conditions to writing in a M O U.

You may even negotiate the terms of payment since you have bargaining power owing to lot of advantages in your side.

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation , then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, under section 125 CrPC, an aggrieved wife can claim maintenance from her husband , if  she  is  not having sufficient income or source of income .

- Other side, A well qualified wife, who is having the earning capability & capacity , but desirous of remaining idle , is not entitled to claim any maintenance from her husband. 

- Further , Supreme Court has capped monthly alimony at 25% of husband's gross salary.But there is no benchmark on lump sum settlement. It usually ranges from 1/5th to 1/3rd of the husband's net worth and is a one-time settlement.

- If, she is ready for a mutual divorce , then at the time of first motion ,you can fix the same after showing your burden of family etc. , And further also can get order for visitation right as well. 

1. It would be settled between both parties mutually because in some cases wife ask just for divorce without any alimony and some cases are there in which wife doesn't even settle the case in 50 lakhs. 

2. You can start by offering 10 lakhs.

3. Maintenance can be around 40 to 50 k according to your salary.