Received lawyer notice for monthly maintenance

736 votes

The issue of providing maintenance to the wife has become an unruly tool to harass husbands in many cases. There are genuinely suffering wives as well. Your salary being sound the Court may order you to pay a maximum of Rs.1.5L to both your wife and child. However it depends on the entirety of your assets and liabilities and it is the same for your spouse too. For this reason the Supreme Court had already mandated a detailed affidavit of assets and liabilities.

Dr. S. Diraviam Dinesh LawRato

651 votes

Courts in India assess maintenance based on your net income, living expenses, standard of living during marriage, liabilities, and the needs of the wife and child. There is no fixed percentage, but in most cases, courts award around 20–25% of the husband’s net monthly income for wife + child together. Given your figures, the likely range may be around ₹70,000–₹1,00,000 per month combined, but this can vary depending on the court’s assessment and evidence placed by both sides. For alimony (one-time settlement), courts look at the duration of marriage, the earning capacity of the wife, savings, lifestyle, and future needs. In a 5.5-year marriage where the wife is unemployed, lump-sum alimony can range from 2–6 years of your income, but only if the court considers long-term support necessary. You can reduce liability by properly documenting your genuine living expenses abroad (rent, insurance, travel, tax, medical, loan EMIs, etc.). Courts usually give credit for real expenses supported with documents. Regarding transferring your savings to your parents: Do not transfer funds with the intention of hiding assets, as courts can treat such transfers as “attempt to defeat maintenance”. If the transfer is genuine (for family obligations), it must be documented clearly. Courts consider your earning capacity more than the static money lying in your account, so simply shifting funds will not reduce liability. There is no strict timeline, but maintenance under Section 125 CrPC or similar provisions can be ordered during the pendency of the case. The sooner you organise your documents—income proofs, expense bills, tax returns, rent agreements, medical bills—the better your case will be for reducing the maintenance. Always present transparent financial records to avoid adverse inferences. You may also explore mutual consent divorce with a negotiated settlement, which gives you more control over the final amount.

LawRato LawRato

570 votes

In Matrimonial cases there is no fixed percentage in law, it depends on each case of facts and circumstances, it can vary from 1/5th of your salary to half of your salary. feel free to contact for any legal advice.

Advocate Vignesh Kasinathan LawRato