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How is maintenance for child calculated when both parents are working?
21-Dec-2023 (In Divorce Law)
I want to know what is the calculation method for maintenance of children when both the parents are working. One daughter is 18 years and one son 11 years. Due to recession I am unemployed at present since the last 10 months. Wife is in Govt. job and earning a gross salry of about 1.2 lakh.
There is no fixed formula for calculation of maintenance payable under the Hindu Marriage Act. The same is ascertained on the basis of various factors i.e., the life style of the parties, the salary of the spouses, the living standards. the monthly expenses towards the housing, food, education of children, medical facilites etc.
However, the courts do apply a simple ideology that if a husband earns Rs. 100/ per month and the family consists of four people, then subject to the aforesaid factors, the 2/5 shall go to the wife while 3/5 shall be with the husband, as he has also to incur expenses to earn his livelihood.
When the husband is unemployed, as in your case, while the wife is working, he can also seek maintenance from the wife, however, it is in only handful of cases that the wife is directed to maintain the husband, unless the husband is for some, physical or mental reasons, unable to earn a livelihood.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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