On what basis is Maintenance and Alimony decided by the court ?

862 votes

Dear Concerned,

Wife can ask what ever she wants - HOWEVER she may not get what she asks as it depends on multiple factors like education qualifications of wife, work experience , current life style etc. In case of alimony there is no monthly maintenance . For Daughter yes you will have to bear all expenses. As your wife is in a govt job - you may be assured that if there is no huge gap in salary - you may not have to pay any maintenance - IF PLEADED WELL . You may choose to contact us for review of the DV complaint filed by your wife. Kindly get in touch with one of our experts at LawRato and send your DV complaint to us, we will review and suggest next course of action.

Best of Luck

Advocate Atulay Nehra LawRato

502 votes

you should file a criminal complainant under section 200 Cr.pc highlighting the relevant provisions under Section 191 to section 193 IPC for giving false evidence in the court . The court after recording the evidence shall issue a summoning order to your wife .
Further as the proceedings have already been initiated against you and your family , you can file a civil revision against the summoning order of the JMIC ( CJJD) in the present case and get the proceedings quashed or abated .

Maintenance and alimony -
There is no fixed arithmetic formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. However, there are certain factors that are taken into consideration for computing the amount of alimony like income of husband and other property, income of wife, if wife is employed and has her own independent source of income, other genuine liabilities of the husband such as wholly dependent old parents, expenses to be incurred on the education and upbringing of the children etc.

LawRato LawRato

724 votes

dear sir/ mam,
hamne apki bat dyan se padhi , aapki wife ko right to hai ki wo cliam to kar sakti par case mai yhe court decide karti hai ki kitna pay karna chaiye apke divorce hone ke bad, lekin apke pas yhe plus point hai ki apki wife already govt employee hai.

Advocate J. P. Rinwa LawRato