Clarification on the amount charged for maintenance matter

My wife has filed for maintaince/alimony while she earns 27000 per month and I earn 45000 per month we have no kids...marriage is 2 years old. Can she ask for a onetime large sum as i have no savings all lost on household and she saves money for much can she ask for in any. Please respond

Answers (5)

217 votes

Yes there are provisions for one time settlement/alimony, as well as for monthly maintenance and interim maintenance. It depends upon what your wife has sought. You can of course have your own defence in your favour seeking direction towards one time settlement. The settlement amount however can not ever be fixed. it depends upon the facts and circumstances of each case. for any further query you may contact me.

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155 votes

Yes she can claim interim maintenance ( Maintenance pendente lite ) from you. However whether she will be entitled to maintenance or not is an issue which will be decided by the court considering the overall factual matrix which includes the financial condition of both spouses,No. of dependents to be maintained by you i.e. your parents, Standard of living etc. The court will call for financial affidavits from both your wife and you as per the prescribed format whereby both of you will be furnishing all the details. As far as one time settlement amount is concerned, you can explore the possibility of resolving all the issues amicably by mediation process.Legally she can ask for one time settlement amount only after a decree is passed as per section 25 of the Hindu Marriage Act, 1955.

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88 votes

Even though working and earning ,your wife can ask for any amount as maintainence per month in the application filed by her ,after she has left your house and is living separately with her parents or else where.While replying to her application you can give proof of your income and expenses incurred on yourself and on your dependants like parents etc.You can also state about her income in the reply and ask the Court to direct her to file proof of her income and possible expenses.Thereafter you can argue before the Court that comparatively ,your wife has sufficient income to maintain herself and thus she is not entitled to any monthly maintainance from you .The Court will then decide based on material before it ,if any monthly maintainence is to be granted to your wife.
She can ask for one time alimony in lump sum if both of you decide to give divorce to each other by mutual consent ,in which case before filing case for divorce by mutual consent ,both of you can try to arrive at some amount ,which is agreeable by you to be paid to her and if she agrees for said amount and for divorce by mutual consent ,you will have to pay her agreed amount in lumpsum ,a part of which can be given at time of first motion for divorce and balance at tine of second /final motion after six months .

104 votes

The grant of maintenance depends on many things such as her earnings, your earnings, the persons dependent on you and your liabilities. Also, the maintenance can't be for one time. However, in case of divorce the alimony can be granted one time and you will have to put all favourable points for you.

180 votes

Maintenance and alimony are 2 different concepts. Under different Sections of the Hindu Marriage Act and Criminal procedure code she is entitled for maintainence as well as alimony or streedhan. You will have to contest the case on merits. If she proves in the court that she was neglected by you or you have refused to maintain her then court may direct you to pay maintenance even if she is working.

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