• What amount of maintenance I need to pay/give share in property

Matried 16 years. 14 yr old daughter. Wife left home claiming cruelty. My take hone 2 lakh/pm. Wife 70 k/pm. Daughter with wife. Own home. Worth 1.1crore. Joint name. All EMI etc by ECS BY ME. 10 lakh loan pending. She ignored all conjugal needs. Lost valuables.didn't share workload. No role in home building. Wasted lost money valuables. Now seeking 70000/pm maintenance and share in property. Lives with her parents. I am hindu she is jain
Asked 12 months ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
She being an employed person with handsome salary, she may not be eligible for maintenance amount from you.  However you may have to pay maintenance to your minor daughter and may also have to share her educational expenses. Your daughter's educational expenses are to be share by your wife too since she is also employed and drawing a good salary.
You can repudiate her claim for maintenance on the above grounds but dont do the mistake of voluntarily disclosing your salary details.  The burden to prove your salary is on her.
However please be aware that the property is jointly owned by both hence she may claim partition and separate possession of her share in it.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
The property being jointly owned, she will be entitled to 50% share in it. 
The maintenance for daughter can be anything between 1/10th of your salary (take home), which you can mention that she too is equally  responsible since she is also employed and drawing a good salary. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1) working wife is not entitled to any maintenance 

2) your wife is earning decent salary of Rs 70000 per month . Court will not award her maintenance 

3) you will however have to pay your child  maintenance 

4) since house is on joint names wife can claim share in the house 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
1) if your wife claims any amount as child maintenance she has to give detailed break up in support of her claim 
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
Both of you are governed by Hindu law as Jains are also Hindus. Considering her monthly salary she stands disqualified altogether to claim financial support from you, but your daughter may be given maintenance. If your wife walks away with a favourable order from the court then it may be 1/3rd of your salary. A wife has the right to claim maintenance even while living under the same roof with her husband.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1. She draws enough salary to maintain her ownself,

2. She can claim maintenance for her daughter which will be as decided by the Court and may be 1/5th of your monthly salary,

3. She can not claim any share on your property. but she can certainly claim share of the property held in joint name,

4. However, you can file a declaratory suit praying for a declaration that the property held in joint names is actually your property since you have paid the entire consideration and also praying for direction upon the Registrar to register the title in your name and in that case your wife will not be able to claim any share on it. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0
1. She is capable of maintaining herself including paying rent  for her accommodation for which she is not entitled to any maintenance,

2. Once she is allowed to stay in the said flat, it will be difficult to evict her later on. So, contest her said claim,

3. Court might award 1/5th of your net monthly earnings for your daughter's maintenance as stated in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0
wife is not entitle to get any maintenance from you but you have to pay maintenance to your daughter which will be decide as per her requirement and need.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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