How much % of salary can a wife claim from her husband's salary?
07-Dec-2023 (In Family Law)
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).
Can wife claim husbands money?
What if wife earns more than husband?
Should a wife support her husband financially?
What to do if your husband doesn't earn?
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.
- 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.
- 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.
- 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.
- 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.
- 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.
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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