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How is maintenance Decided in DV
24-Jun-2023 (In Divorce Law)
How much is interim maintenance awarded to Women in DV?
1) Highly qualified Wife ( Recently completed Msc Maths ) left job of monthly Rs. 20 thousand ( on herself resigned just before putting DV case )
2) Children are with Father and not with mother in Chennai
3) Wife staying at Father in law flat forcibly displacing them out of their own flat- ( father in law is sole owner of flat in chennai)
4) Man has to take care of displaced unhealthy senior parents
5) Not even single rupee spend by wife toward childerns or husband ever
6) Bank balance of Rs. 3 lacs with wife during filing DV case
7) Husbands income is Rs. 90 thousand. month and have responsibility of EMI , Childrens Education and upbringing and old age parents medical condition
8) Monthly left over of Rs. 10 to Rs.15 thousand by husband
What is probable amount that may be fixed by High court considering above facts as interim maintenance and for how much is probable period for this interim Maintenance will levied on husband?
the maintenance shall be decided by the high court according to the responsibilities both the parties have and what are the circumstances under which both the parties live and also if the children stay with you then almost no mainteanance to be given to the wife
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Maintenance is always decided looking at the income of both the spouses however it is totally upto the court to decide on the quantum of maintenance there is no probable answer that can be given to the parties as it is solely for the court to decide the quantum of maintenance which the court will grant
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Adv. Garima Anil Mehrotra
Mumbai | 700+ Answers
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firstly your wife will not get any maintenance from you because she is capable to earn and she was earning also and having bank balance also and most important thing is childrens are with her husband so it is enough to prove supreme courts several cases which says educated and capable to earn women is not capable to get maintenance from her husband in your case prima facie your wife is not able to take any kind of maintenance from you then also fomo correct and detail suggestion and need to go through out some necessary documents.
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Adv. Irfan S Patel
Kolhapur | 100+ Answers
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