What are the grounds on which court gives maintenance in divorce case

528 votes

I will like to answer your query in 2 parts.

1. The amount of maintenance is approximately 30% of your net salary.

2. Actions you should take:
--- file a suit under section 9 of Hindu Marriage Act without fail as soon as possible.

Your basic aim should be to show that she deserted you without any specific reason

Advocate Rohit Malhan LawRato

751 votes

Hello sir
Court can fix maintenance as per the provisions laid down in crpc 125 . Maintenance is her right. But in the wife is indulge in adultery there is no need to pay the maintenance. And your liabilities also considered as per rulings on Hon'ble SC.

Advocate Ganesh Sharma LawRato

667 votes

maintenance is depend upon living standard she may claim until remarriage . if she unemployed than court give her upto 30 percent of your total earning . it does matter if go for car loan or not . your lability before divorce matters.

Advocate Salim Shahzada Khan LawRato

732 votes

The amount of maintenance depends upon multiple things like
1. The status of living she was enjoying at the time when she was living with husband .
2. Is she employed/unemployed.
3. Was she working at the time when she was with husband .
4. the salary of the husband .
5. the reason why she wants to live seperately
6. does the husband wants to keep the wife with him or not

Some might says it will be 1/3rd of salary of husband or 1/2 but it is not so . There is no hard and fast rule for calculation of maintenance amount , It also differ upon the judge.

broadly as per your salary the wife would be entitled to an amount of Rs.25,000/- p.m approx. if you defend your case well. if not defended might be even more .

Advocate Pratik Duhan LawRato

529 votes

Maintenance is given on the basis of income of husband. Court will consider the entire facts and will p order maintenance after looking into your total income. court will also see if your wife is earning or not

Advocate Swati Khatri LawRato