quesAs settlement in laws asking for 30 lacs. What money will court decide

My brother is a CA and his income is 60,000. They are married for 1 year and 3 months. They are now staying separate for 6 months. Bhabhi is earning 20,000 per month and she is a interior designer. When we tried for settlement they asked for 30 lacs. If they file for divorce what would be the amount of maintenance?

  • ansMaintenance is generally decided as a percentage of the husbands income but recently there have been a series of judgments of various High Courts specially the Bombay High Court which states that if the wife is earning and is able to support herself, then she would not necessarily be entitled to maintenance but having said that it all depends on the facts and circumstances of your particular case.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansMaintenance amount is usually discretion of the court. No fixed criteria is laid out for it. However, courts take few considerations into account before coming up with the maintenance amount. Some of these factors are profession of spouses, any child of the wedlock, financial independence of wife, behaviour of the husband and wife both as in some cruelty (mental or physical) has been committed during married life, whether wife will not be able to sustain herself without maintenance etc.

    There have been instances where courts have not paid Wife any maintenance.

    If parties choose to file for Divorce by mutual consent then whatever the amount is agreed between the parties is payable. If it is left to the court (in case of contested Divorce) to fix amount of maintenance, if any, then some of the mitigating factors for deciding on the issue of maintenance which Court takes into account have been mentioned above. Please note that this is not exhaustive list. Every case is decided on its own merit.

    From the facts mentioned in your query I believe you are left only with the option of filing for a contested Divorce since settlement amount which Wife has asked is exorbitant and to which your family is not agreeable.

    I hope this this helps.

    Advocate Nishant Rai

      Greater Kailash-1, Delhi

  • ansShe is not entitled for maintenance as per Sec 125 CRPC. No amount will be require for filing of divorce as maintenance. She will not claim any amount in divorce petition.
    For further proceeding ,you have to contact ?

    Advocate Ravinder Tyagi

      Lagpat Nagar-IV, Delhi

  • File Mutual Consent Divorce @ Rs. 25,000/- only

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