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Maintenance amount during divorce proceedings on adultery ground


11-Jun-2023 (In Divorce Law)
I have filled for divorce against my wife on grounds of adultery.. After filling she came back to my house (rented). Given the circumstances I have moved out... She now wants me to pay for all her expenses.. Please note that I have given her 20 Lacs cash in her account in last 1 year. Marriage is about 1.5 years old. Do I still have to pay maintenance? If yes what percentage of my salary
Answers (3)

Answer #1
918 votes
Query perused. I'm of the considered opinion that though husband is legally bound to maintain her wife if she is unable to maintain her self ,however a wife is not entitled to maintenance and court can refuse to grant maintenance if she is living in adultery. So far as percentage is concerned as per the supreme court judgement 25 % of the income is just and reasonable maintenance. For further consultancy and legal services you may contact us.
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Answer #2
839 votes
Hi,

It depends upon for what purpose you have given 20 lacs in a year .

Yes you still need to pay maintenance , generally salary has to be divided in 3 parts and maintenance will be awarded accordingly, 1 part for dependent parents, other for wife and 3rd portion for husband , so it can be anything from 20-30% .

Thanks

Ramit Sehrawat
Advocate
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Answer #3
518 votes
Hi,
i would suggest you to keep all the receipts of expenses you are making on your wife which shall be helpful for your future endeavours.

Further, you may or may not need to pay any maintenance depending upon the merit of the case.

For more information feel free to have a word with us, all the very best.
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