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We have 10 years of marriage .Wife filed ivorces 13(1)1a and us 125 cr


12-Jan-2023 (In Divorce Law)
I am married for 10 years. My wife divorce case us 13(1)1a and maintenance case 125 crpc for Rs 20000 per month My wife is earning Rs 20000 per month. I am earning 62470 per month with out tax deduction. I am paying 24000 per month personal loan, 4610 car refinance per month . Total EMI is 30000. How much I have to pay my wife for interim maintenace. I have no child.
Answers (3)

Answer #1
967 votes
Purpose of maintenance under section 125 of Cr.P.C. is altogether different from provision of maintenance in petition under section 13(1)(ia) of HMA. in HMA petition, living standards of spouse will be seen and spouse earning higher shall commensurate same standards of living to other spouse. May be, Rs. 10,000/- in HMA will be burdened on you. Not in 125 Cr.P.C.
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Answer #2
969 votes
Hi, As per law and a recent supreme court decision 25% of the net income of the spouse is considered to be a fair and just interim maintenance for the wife. Now, since she is earning you can put forth your case and fight since their are catena of judgments wherein the courts have held that maintenance be given only if the wife is not able to maintain herself
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Answer #3
998 votes
good evening Sir, Greetings of the Day, I would like you assist you on your concerned matter. I have read your query. I practice in Delhi as well as outside delhi. we need to dicuss things on your matter. so feel free to call me back. thankyou
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