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Amount of maintenance to be awarded to wife after Divorce


10-Nov-2023 (In Divorce Law)
After divorce how much money has to give legally to wife..if husband has salary ₹30000 month..also for 5 month old baby...and share in property... suppose husband buy new room but with loan money from bank..still husband has to give share in that to wife
Answers (3)

Answer #1
583 votes
Yes as a legal obligation and legally speaking.....legal right or in legal liability whatever you consider appropriate...a husband is legally obliged to maintain or take complete responsibility towards wife and his biological parents as well as biological next progeny to maintain and take care of social economical and financial responsibilities along with moral dutie
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Advocate Seema Ravindra Kulkarni

Adv. Seema Ravindra Kulkarni

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Answer #2
907 votes
There is no fixed set of law under Hindu Marriage Act, 1955 for claiming an amount of maintenance or alimony after divorce. However, it depends on the standard of living of the partner and / or income parity amongst both of them. In the instant case, you have an authority to ask for maintenance amount for yourself, baby and also seek permission to stay in the property of the husband till the time your are married and thereafter sought for share in the property which he owned prior to you getting separated and thereafter it depends on the relief and Decree of the Court..
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Advocate Dharmendra Damani

Adv. Dharmendra Damani

LawRatoMumbai | 25+ Answers
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Answer #3
656 votes
I am assuming your query is pertaining to your subsisting marriage. .. There is no fixed ratio for arriving at the proper maintenance amount. It depends on several other factors such as the income of your wife, your dependents, status of living etc. For your child, however, you are liable and should undertake full responsibility. Husband does not per se have to give share compulsorily. If it is a mutual consent Divorce, the same depends upon the understanding of the parties. If it is a contested Divorce, the Court may consider your property while deciding the maintenance amount but cannot direct you to give the property or a share thereof to your wife.
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Advocate Radhika Mehta

Adv. Radhika Mehta

LawRatoMumbai | 25+ Answers
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