Sir for the below case, what could be alimony amount (lump sum or monthly fixed )
Husband has to pay wife.
Hus Salary (net) : 1lakh
Hus life status/style : Engineer (in autonomous body of govt of india on contract basis,not
Hus age /health : 45 yrs /Diabetic
Hus’s Dependent : mother ,75yrs /Diabetic/BP/Arthritis
Age and Health
Future expenses : after divorce, will marry and will have four kids
(5 future dependent)
Wife salary : not known, may be around 15-20k
wife job/education : BSc,MEd; MA,BEd /working as lecturer in pvt College
Wife age/Health : 33/Healthy
period of marriage : 2 yrs and 8 months
Kids : Nil
For both it is 2nd marriage(Wife was divorced by her ex husband on exparte ,Hus had Mutual
consent with his ex-wife )
Asked 8 months ago in Family Law from Bangalore, Karnataka
The quantum of maintenance cannot be measured by any terms.
The maintenance shall be decided after the petitioner proved her claim satisfactorily with substantial evidences convincing the court about her justification in the claim. Also the husband's income, his statement about his liabilities and statutory deductions can be considered by the court provided he provides substantial evidences to justify his defence.
Thus the court will decide only after hearing both the sides and based on the merits on each side.
Your arithmetic calculation or sentimental feelings cannot be considered by court while deciding maintenance.
In any case you may repudiate he claim considering her employment and if there are no children born out of this wedlock, you may not pay any maintenance to her at all.
1)alimony is at discretion of court
2) since wife is highly qualified and working court may not award her high amount towards alimony
3) further they have been married only for 3 years
4) In addition husband has dependent mother which will also be considered by court in determining alimony amount
It will be depend on wife's income, if she is able to maintain herself then the court will not pass any order regarding the alimony.
But if she is unable to maintain herself then 1/3 of income of husband may be granted as monthly maintenance or court may pass any lump sum amount as think fit and proper according to status and liabilities of parties.
Feel Free to call
Advocate, New Delhi
Lump sum is awarded only in case of MCD and is thus decided by the spouses themselves, whereas in case of contested maintenance proceedings the amount has to be fixed by the court by taking into stock the liabilities of the husband and the conduct of the spouses. It may be 1/3rd of your salary.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.But in your case your wife is an earning lady . If your wife's income is at least half of your income, then most often she may not get any maintenance.
The maintenance amount is calculated 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.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.So court will decide only after hearing both the sides and based on the merits on each side