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How much % of salary can a wife claim from her husband's salary?


07-Dec-2023 (In Family Law)
I live in Delhi, India. My husband has emotionally and economically deprived me for the last 7&1/2 yrs since we got married. We have a son of 6&1/2 yrs. Two years back I approached the women's commission and police dept. Eventually the case was transferred to the family court and my husband agreed to say Rs 10000 (ten thousand) for household expenditure. He earns a regular income of 1.5lacs per month. In this situation how can I claim a respectful and decent amount from his salary? How much do I entitled from his salary? Please advice. Thanks and regards.
Answers (6)

Answer #1
215 votes

The amount of maintenance that a wife is entitled to receive in case there are dependents in the family - like a child in this case - is determined on a case-by-case basis, taking into account various factors such as the income and financial resources of both parties, their standard of living, the duration of the marriage, the needs of the wife and any dependents, and any other relevant factors.

The law does not specify any fixed percentage or amount of maintenance that a wife is entitled to receive. 

In a judgment delivered in 2019 by a single-judge bench of Delhi court, Justice Sanjeev Sachdeva held while disposing of a Domestic Violence case that where there are no other dependents, the wife is entitled to one-third of the husband's gross income as maintenance.

However, it is important to note that this is just one judgment by a single judge of the Delhi High Court and does not represent the law on maintenance in India.  

Hon'ble Supreme Court has maintained in many judgements that the amount of maintenance awarded to the wife should be reasonable and fair, sufficient to meet the basic needs of the wife such as food, clothing, and shelter, as well as other necessities such as medical expenses and education of children (if any).



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Answer #2
507 votes
Hi Mam,
As per the recent Supreme Court judgement, wife is entitled of atleast 25% of the income of the husband as maintenance. So you should get much more than atleast Rs.30,000/-.
For more information, feel free to have word with us.
Answer #3
660 votes
Yes you can file for enhancement of the maintenance in view of the changer circumstances. Since there is a substantial increase in the salary of your husband and considering the fact the inflation has also increased you will be entitled for enhancement of Maintenance. For further consultancy and legal services you may contact us.

Answer #4
746 votes
In this case, i regard you that your monthly maintenance entitlement of Rs. 70,000/- per month and the other amounts like residence etc have to be provided over and above the same. You are maintaining your child also therefore your entitlement will more. There are many protections orders a wife can seek from Court, which i think you are not well versed of. Seek legal assistance at the earliest, please contact.
Answer #5
343 votes
In India, the financial responsibilities and rights of spouses are governed by various legal provisions, including personal laws and court judgments. Here's an overview of the financial aspects related to a wife's claim on her husband's salary: 1. Financial Responsibilities in Marriage:
  • In a marriage, both spouses have financial responsibilities towards each other and their family.
  • There is no fixed or standard percentage of a husband's salary that a wife can claim. Financial arrangements can vary depending on individual circumstances and agreements between the spouses.
2. Maintenance and Alimony:
  • Wife can file for maintenance under Section 125 CrPC if the husband is neglecting or failing to provide for and maintain her.
  • ​If a couple separates or files for divorce, the court may order the husband to provide maintenance or alimony to the wife, especially if she is not financially independent.
  • The amount of maintenance is determined by the court based on factors like the husband's income, the wife's financial needs, and the standard of living to which she is accustomed.
3. Rights on Husband's Property and Income:
  • Under various personal laws in India, a wife may have certain rights to her husband's property, including the right to reside in the matrimonial home.
  • However, these rights may not necessarily translate into a fixed percentage of the husband's salary.
4. Legal Assistance:
  • In the event of a divorce or separation, it is advisable for both spouses to seek legal counsel. An experienced family lawyer can provide guidance on financial matters and represent their interests in court.
5. Maintenance Under Hindu Marriage Act:
  • Under the Hindu Marriage Act, a wife can claim maintenance from her husband if she is unable to maintain herself or if he neglects or refuses to provide for her.
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Answer #6
142 votes
According to a recent Supreme Court ruling, the wife has a right to at least 25% of the income earned by the husband.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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