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I am a physically challenged person & i am a Central government employee. I have filed a divorce cas
11-Mar-2023 (In Divorce Law)
I am a physically challenged person & i am a Central government employee. I have filed a divorce case against my wife on the grounds of cruelty. My wife is a graduate and she is not working. She left my house one year back and now she is residing at her parents house. I have 2 sons ( 4 years old & 10 months old). My net salary is Rs.17500 ( after all loan deductions).Now my wife has filed a interim maintenance petition. She is asking me Rs.30000 per month as interim maintenance. It is not possible for me to give that amount since i have totake care of myself and my parent's ( both are senior citizens). I would like to know what will be the maximum interim maintenance i have to pay in this case.
See calculating maintenance amount is a discretionary subject with concerned judge/MM and there is no set formula for arriving to a certain amount of maintenance to be paid.
Now a days many judges are adopting formula of 2:1 where the total income is divided by the equal shares of all dependent members of family keeping two equal shares with the defendent.
please note that if you have made any recent financial liability with you after th his dispute that will not be taken in account while determining amount of maintenance. in your case out of hour total income 2 equal shares with be with hou and one each share will be of your wife. your kids, your parents each. it means in total 7 equal shares will be created of your income and out of it 2 will be of yours and rest one share each to every 5 dependents of yours.
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Adv. Anand Bali
Delhi | 25+ Answers
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I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. Certain things and documents needs to be scrutinized before forming an opinion.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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hey sir,
first of all let me tell u that it's the discretion of court and a matter of argument. deciding how much to pay as maintenance would depend upon the details you would be mentioning while filling up the income affidavit
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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