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Decision on final Maintenance amount


19-Jun-2023 (In Divorce Law)
I filed divorce on grounds of desertion and mental cruelty in 2019 as my wife left along with my daughter in 2015. I have been paying them regular money close to 30000 per month even after they left. Also I have invested money for my daughter which I'm continuing. There is a concern that my wife may file maintenance case even though contested divorce process is ongoing. It was mentioned by my present lawyer that maintenance amount would be of the order of 60 to 70000 per month based on salary even though liabilities are there. This is really difficult. Somehow I'm not in agreement with him. As I have been paying regularly, is it possible to reduce the final maintenance amount somewhere near to what I have been paying so far close to 30000 as she left on her own will. On what basis usually the final maintenance amount gets decided? Is only salary considered or even liabilities are taken into account? nThanks.
Answers (2)

Answer #1
542 votes
dear client as per your sayings you have been paying them regularly money around 30000 even after they left actually the maintenance is decided on your salary + also some grounds yes the amount can be considered depends on the lawyer and the situation what is your jurisdiction...
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Answer #2
931 votes
let me first get two things straight. one your liabilities which are of your making is immaterial. and two your wife's maintenance is commensurate to the standard of living of yours. additionally you have to know that maintenance so paid was your obligation and the factum do not take away your wife's right to claim maintenance legally as per her entitlement in future. having said all this let me also be very categorical in saying that if you could prove that your wife left or in other words deserted you without your fault or upon mutual understanding then you are not liable to pay any amount whatsoever. Tanmoy Chattopadhyay M.Sc (Net), LL.B (Delhi) Advocate High Court, Calcutta.
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