Respected sir , I was married two year latter. I have 2 month old son. I have parents depend on me. I m 30 year and my wife is 28 year old. We seek divorce on mutual consent. I m serving in defense and my wife is post graduate in commerce nd hold B Ed degree, and she had taught in a school before our marriage. My gross income is RS/-35000 and net income after deduction like income tax, pf and house loan is RS /-20000. How much can b monthly maintenance decided by court and what may b approach of court??
Asked in Family Law from Jodhpur, Rajasthan
Maintenance is quantified by the court having regard to the social status of the spouses, income of the husband and also his liabilities. You can contest the claim of your spouse as she has good educational qualifications to work and earn for herself. The quantum could be 1/3rd of your net income.
1) wife is highly qualified and had worked in past is not entitled to any maintenance
2) since your son is only 2 months old your wife cannot work now , court may award around Rs 10000 maintenance fir wife and child
maintenance cannot be given to the wife who can earn well. However, maintenance is decided on these facts :
1. living standard of wife in her matrimonial home.
2. living standard of other female member in her matrimonial home.
3. her basic need
4. Net income of husband.
Net income is calculated after deduction of all the expenses and liability of husband and his dependents like mother, sister, father etc.
she cannot get more than 4 to 5 thousand per month as maintenance.
Firstly she may not be eligible for maintenance because she is highly qualified and as per latest supreme court judgment she cannot sit idle to claim maintenance from husband, however the child is entitled for maintenance but there is n specific yardstick to measure the quantum of maintenance.
It is not as if every wife is entitled to maintenance irrespective of other factors. It is not every indigent wife that is so entitled to maintenance.
Normally a husband who provides a congenial matrimonial home to his wife is under no further obligation to pay maintenance if she, notwithstanding that he has a home where she could live a pleasant life discharging her obligations as wife wants to be in her own home, where she expects the husband to join her company.
| There are three circumstances under which the normal
| obligation of the husband to maintain the wife will
| stand negatived. That is by reason of the subsection.
| These are : (a) where the wife is living in adultery,
| (b) where the wife and husband are living separately
| by mutual consent and (c) where the wife refuses to
| live with her husband without sufficient reason. It
| goes without saying that if the husband sets up any of
| these as answer to the claim of the wife it is for him
| to prove. That the wife is living in adultery is a
| matter necessarily to be proved by the husband. That
| the parties are living separately by mutual consent is
| also to be proved by the husband if he wants to meet
| the claim for maintenance on that plea. Similarly it
| is also to be proved that the wife refuses to live
| with him. ‘Refusal’ is not shown by the proof of the
| fact of not living with the husband
The refusal can be proved only by the husband
| indicating that he is willing to allow the wife to
| live with him, that he is ready to take her to his
| home for residence with him, but nevertheless she is
| not willing