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Bare income, paying bank loans, what maintenance should I pay my wife


25-Mar-2023 (In Family Law)
I am earning Rs. 9000 per month and paying 7000 for bank loan at present. How much I have to pay approximately to my wife under Cr PC 125. I don't have children and my wife able to survive herself. My parents are aged above 55 yrs
Answers (3)

Answer #1
823 votes
Hi
It depends on whether your wife has her own independent source of income or earning capacity.
Also if your wife has deserted you , then you need not pay any maintenance
typically in a maintenance case, courts will ask you to pay 25% of your gross income as maintenance.
Bank loans might not be considered if these are personal loans.
Answer #2
601 votes
Hello Friend,

You have to apprise the court of your wife's ability to survive on herself without any maintenance from you and also about the fact that you are repaying bank loan of Rs.7,000 per month and further your responsibilities towards your dependent parents. If you cannot bring these matters to the court and convince the court with all the evidences you have with you to support your contentions, chance is there that the court may grant maintenance allowance approx Rs.3000 to your wife based on your salary. Feel free to contact me if you need any assistance or help from me.
Answer #3
612 votes
Dear Client,
Particulars are insufficient. What are you, whether you are a Government or non government employee, whether your income will be visible. What is your wife, whether she is an employee, what is her salary. If she is able to live on her on feet she will not claim any maintenance.
Whether has she filed Maintenance Case. You must place all documents of your paying bank loan etc., You must project your case. You must place all particulars like your parents depend on you. You must take expert legal assistance by engaging an expert advocate. He must place all facts before the court.

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