Maintenance amount which can be claimed in case of having a child
14-Jan-2023 (In Divorce Law)
Hi sir, I just want to know that if we file n claim 50,000 maintenance per month for me n my son who is 5 months old n me 27 yrs old. N my husband is software Engineer earns 70000 per month ..how much amount shall I actually get by finalize as per court.any idea ??
If u r in Delhi its depends upon the formula laid down by the Delhi high court in kusaum Sharma case. According to this maintenance will decide by the court. This is the only solution for the case
How much child maintenance should I pay in India?
The Supreme Court of India has ordered that the wife receive 25% of her husband's net income as a benchmark. It is not set. In general, the amount of alimony is between 1/3rd and 1/5th of the husband's income.
How child support is calculated in India?
The court will determine child support based on Indian divorce law and the costs of raising a child. In order to calculate child support, a number of factors are considered, including the parents lifestyles, the child’s education, health insurance, EMIs and other assets and responsibilities. 03-Sept-2023
What is the right to maintenance of a child in India?
According to Section 125 of 1973s Code of Criminal Procedure (CPC), if a person with sufficient means refuses to support his wife or child, or neglects it, they can apply to a Magistrate, who will order an allowance to be paid to them each month to help maintain their wife or child. In the case Chanmuniya Vs.
What is the minimum maintenance to the wife?
The Supreme Court of India set a 25% monthly payment for the wife if the maintenance law is paid by the husband.
Madam have some common sense how will he service in only 20000 . No way you have to ask for only 30000 not more then that . The court too will provide 1/3 to you and 1/5 fir the kid .but why monthly money go fir divorce and for one time alimony when you are not interested in living with husband why to pull this for life .
hello
maintenance depends upon the financial condition of each person. you have not mention about your earning whether you are working or not? In most cases, the wife gets 20-35 per cent of a husband's net taxable income as alimony. If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependents or if her income is not sufficient to support the lifestyle she enjoyed while married
maintenance depends upon the financial condition of each person. you have not mention about your earning whether you are working or not? In most cases, the wife gets 20-35 per cent of a husband's net taxable income as alimony. If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependents or if her income is not sufficient to support the lifestyle she enjoyed while married
In regards to your querry related to maintenance amount which can be awarded to a wife is 25% of the total earning of the husband this was decided last year by the hobble Supreme court of India...but usually it is not followed by the courts till the time u don't quote that citation before the court so pls take the copy of the same and place on record....for further information please feel free to contact us
Hi.
As for your query on how much you will be entitled to. This is dependent on a variety of factors . First off, whether you are an educated lady, having an independent source of income. Whether you are a college graduate or whether you have ever worked before and have ceased to do so in the past five years.
The law has also been amended recently, you will also be required to file an affidavit of income at some point at the same time as your husband in order to correctly ascertain what is your lifestyle expenses.
I will require more details in order to correctly ascertain this. However, if given the fact that hes making only Rs. 70 K and nothing else. Then you should expect around 25-35 K.
As for your query on how much you will be entitled to. This is dependent on a variety of factors . First off, whether you are an educated lady, having an independent source of income. Whether you are a college graduate or whether you have ever worked before and have ceased to do so in the past five years.
The law has also been amended recently, you will also be required to file an affidavit of income at some point at the same time as your husband in order to correctly ascertain what is your lifestyle expenses.
I will require more details in order to correctly ascertain this. However, if given the fact that hes making only Rs. 70 K and nothing else. Then you should expect around 25-35 K.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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