LawRato

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.
Answers (3)

Answer #1
548 votes
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.
People also ask

How does court decide interim maintenance?

If a woman is unable to support herself financially after a divorce, the court can order that her husband pay for her legal fees and fix an amount of temporary maintenance, which the husband must pay until the case has been decided. This is known as interim maintenance.

What is the maximum amount of maintenance?

In Kulbhushan Kumar(Dr) v/s Raj Kumari3, the court ruled that wife has a right to receive 25% of her husband's net earnings as maintenance. The husband must pay his wife maintenance if she cannot support herself during or after the marriage.

How much maintenance should a wife get?

The lump sum amount can range from 1/5th to 1/3rd the total value of the husband. If the Wife Is Working and Earning Well: If the wife is earning well and working, her earnings will be taken into account along with that of the husband.

How much interim maintenance can I get?

The court increased the interim maintenance payable to petitioner wife, from Rs 15000 to Rs 50000 per month. It also increased litigation expenses from Rs 50,000 up to Rs 1 lakh. 09-Feb-2023

  
Answer #2
741 votes
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.

Answer #3
806 votes
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

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."