maintainence case

919 votes

Courts consider multiple factors while deciding interim maintenance, including your net income after deductions, liabilities like EMIs, dependents, and your wife’s earning capacity. Since your wife earns significantly (₹80k+) and you have heavy financial burdens, you can strongly oppose the ₹25k claim by filing an affidavit of income, expenditure, and liabilities with supporting documents. Courts usually award a reasonable amount proportionate to actual need and capacity, not to cause hardship. Please share your salary slips, loan statements, and medical records so I can draft a proper reply and seek a fair order reducing the claim.

Advocate Mrudhula Jahnavi LawRato

525 votes

Courts consider income, liabilities, and dependents before granting interim maintenance. Since your wife earns ₹80K per month, she may not be entitled to spousal maintenance, as per recent Supreme Court judgments (Rajnesh v. Neha, 2020). However, you must provide support for your 7-year-old son, as that is your legal duty. Given your total income of ₹1 lakh, with ₹65K going towards EMIs and three dependents (father with stage-4 cancer, diabetic mother, and sister), the court will factor these while fixing maintenance. In many cases, child maintenance ranges from 15–25% of the father’s net disposable income, which could be ₹8K–₹12K approx., not the ₹25K she is demanding. Prepare proof of wife’s salary, medical records of parents, loan statements, and dependent details to present before the court. This will help reduce the maintenance burden. For drafting a strong reply and strategy, please connect with me directly.

Advocate Sujith Kuchipudi LawRato