• How much alimony and maintenance can wife claim

Hi, My name is ashish and i have been married for 15 years. My income is 1.2 lakhs per month and i have taken a house loan of 68 lakhs and paying emi of 73500 rs per month. I have decided to sell the flat for 1.44 Cr and after all liabilities i am left with 66 lakhs.My wife is demanding 25 lakhs alimony and 25000 rs monthly maintenance for my 12 year old autistic child.I am trying to settle for mutual consentment. My wife is earning around 30000 Rs monthly.
How much can she claim as one time settlement? I guess since she is earning hence she will not be able to claim maintenance?
Asked 3 years ago in Family Law from mutual consent divorce, Maharashtra
Religion: Hindu
since your wife is employed she may not become eligible for maintenance amount for herself however for the child you may have to pay the monthly maintenance. 
As far as the one time alimony settlement, it will purely depend on the terms mutually agreed between husband and wife, the court cannot insist on it or the court can fix the quantum.
You should defend yourself by giving substantial justifications while the negotiations are on to reduce the one time  settlement of alimony amount. 
T Kalaiselvan
Advocate, Vellore
37091 Answers
403 Consultations

5.0 on 5.0

Your wife is earning, so she cannot claim financial support in the first place. In so far as one time settlement is concerned, the spouses alone can decide the amount. 
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1) working wife is not entitled to any maintenance/ alimony  . 

2) however you are bound to maintain your child 

3) you dont have top pay Rs 25 lakhs as alimony . instead place X amount in fixed deposit for your son 

4) mutual consent divorce is the best option 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

1) 25 lakhs seems a reasonable amount for a one time settlement of alimony. The facts that  court will consider are the years of marriage and the f future of the wife and her child including residence.

2) Wife won't be eligible for maintenance as she is earning. However the maintenance for the child will continue until he turns a major.

3) If you have not worked out a parenting plan, the çourt will suggest a joint parenting plan to be included in in the terms of your mutual consent divorce.

4) Despite the fact you are parting ways the child's interest would also be given paramount importance so that it doesn't lose parents in the process. Alimony can nevertheless be negotiated in your discussions with your wife. Get assistance of your counsel in the ensuing discussions.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. There is no law governing one time settlement. It depends upon the agreement of the parties.
2. If she asks for monthly maintenance then you are liable for the maintenance of the child only @ 1/3-1/5th of your income.
Devajyoti Barman
Advocate, Kolkata
13188 Answers
175 Consultations

5.0 on 5.0

Hi, as per the latest Supreme Court ruling if the wife is sufficient income capable of maintaining herself then she is not entitled for maintenance but its all depending upon the facts and circumstances of the case.

2. But you have to pay the maintenance for 12 year old child.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer